An Attempt at Identification of Jurisdictional Dissonance in the Indian Tribunal System

Abstract

This legal research article delves into the complexities surrounding jurisdictional dissonance within the Indian legal framework, particularly concerning the Armed Forces Tribunal and the Central Administrative Tribunals. Under Articles 323A and 323B of the Indian Constitution, various tribunals have been established by legislation to address specific categories of disputes, including matters related to armed forces recruitment and service. However, inherent flaws in the legislation governing these tribunals have led to confusion and ambiguity regarding their respective jurisdictions. Through a detailed analysis of relevant case law and statutory provisions, this article highlights the challenges faced by aggrieved individuals in navigating the jurisdictional landscape, particularly in cases where recruitment procedures or service matters intersect multiple tribunal jurisdictions. It critically examines legal precedents and legislative lacunae, ultimately advocating for a comprehensive review of existing legislation to ensure equitable access to justice for all armed forces personnel and individuals affected by administrative decisions.