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Industrial Relations Code, 2020 · CHAPTER VII — MECHANISM FOR RESOLUTION OF INDUSTRIAL DISPUTES

Section 46: National Industrial Tribunal

Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026

Section 46 — Governs national industrial tribunal and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (2) A National Industrial Tribunal shall consist of two members to be appointed by the Central Government out of whom one shall be a Judicial Member and the other, an Administrative Member.

Full official textSource checked: 20 August 20260 direct Central Rule link(s)

Current-law status

All provisions were brought into force from 21 November 2025 under S.O. 5320(E); use the current India Code consolidation because the Code also reflects the 2026 amendment/transition framework.

Primary sources

Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗

Finin2min analysis — what the section actually does

Operative clauses

(2) A National Industrial Tribunal shall consist of two members to be appointed by the Central Government out of whom one shall be a Judicial Member and the other, an Administrative Member.
(3) A person shall not be qualified for appointment as the Judicial Member of a National Industrial Tribunal unless he is, or has been, a Judge of a High Court.
(4) A person shall not be qualified for appointment as Administrative Member of a National Industrial Tribunal unless, he is or has been Secretary to the Government of India or holding an equivalent rank in the Central Government or State Government, having adequate experience of handling the labour related matters.
(5) The Judicial Member shall preside over a National Industrial Tribunal.
(6) The procedure of selection of Judicial Member and Administrative Member of the National Industrial Tribunal, their salaries, allowances and other terms and conditions of service shall be such as may be prescribed.

Provisos, explanations & qualifications

No proviso/explanation was separately extracted from this section text.

Thresholds and timelines in the text

No explicit day/month/year/hour/percentage/rupee expression was detected in this section text.

Actors expressly appearing in the text

Central Government, State Government, Tribunal

Full statutory text — Section 46

Official English text transcribed from the current India Code consolidation; page headers/line breaks are normalised for web reading. The Gazette/India Code PDF remains authoritative for typography, amendment footnotes and schedules.

46. National Industrial Tribunal.—(1) The Central Government may, by notification, constitute
one or more National Industrial Tribunals for the adjudication of industrial disputes which, in the
opinion of the Central Government, involve questions of national importance or are of such a nature
that industrial establishments situated in more than one State are likely to be interested in, or affected
by, such disputes.
  (2) A National Industrial Tribunal shall consist of two members to be appointed by the Central
Government out of whom one shall be a Judicial Member and the other, an Administrative Member.
   (3) A person shall not be qualified for appointment as the Judicial Member of a National Industrial
Tribunal unless he is, or has been, a Judge of a High Court.
   (4) A person shall not be qualified for appointment as Administrative Member of a National
Industrial Tribunal unless, he is or has been Secretary to the Government of India or holding an
equivalent rank in the Central Government or State Government, having adequate experience of
handling the labour related matters.
   (5) The Judicial Member shall preside over a National Industrial Tribunal.
   (6) The procedure of selection of Judicial Member and Administrative Member of the National
Industrial Tribunal, their salaries, allowances and other terms and conditions of service shall be such as
may be prescribed.
   (7) The Central Government may provide such number of officers and other staff as it thinks fit in
consultation with the Judicial Member of the National Industrial Tribunal which may be required for
the due discharge of the functioning of the National Industrial Tribunal.

How to apply this provision

Primary statutory test — (2) A National Industrial Tribunal shall consist of two members to be appointed by the Central Government out of whom one shall be a Judicial Member and the other, an Administrative Member.
Additional operative limb — (3) A person shall not be qualified for appointment as the Judicial Member of a National Industrial Tribunal unless he is, or has been, a Judge of a High Court.
Evidence file — retain facts and records proving the role/status of: Central Government, State Government, Tribunal.

Why this is section-specific: the operative-clause, exception, threshold and cross-reference panels above are extracted from Section 46 itself rather than a generic “trigger/control/evidence” template.

Rules, forms and cross-references

Direct 2026 Central Rule mapping

None expressly mapped in the current concordance.

Forms mapped

No prescribed form is directly mapped in the current concordance.

Other sections cited in this text

None expressly mapped in the current concordance.

Related Labour Hub resources

Model Standing Orders, 2026 Labour litigation

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

Suppose an industrial establishment reaches a step governed by national industrial tribunal. HR/IR should create a dated file showing coverage, the competent authority/union status, required notice or application, service proof and the result. One operative text point to test is: “(2) A National Industrial Tribunal shall consist of two members to be appointed by the Central Government out of whom one shall be a Judicial Member and the other, an Administrative Member.”

Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.

Q&A — Section 46

What does Section 46 of the Industrial Relations Code cover?

What is the main legal requirement or power in Section 46?

The first operative clause identified from the official text is: “(2) A National Industrial Tribunal shall consist of two members to be appointed by the Central Government out of whom one shall be a Judicial Member and the other, an Administrative Member.” Read it with the remaining subsections and any proviso below.

Does Section 46 contain a proviso or explanation?

No standalone proviso or explanation was extracted from this section text. Check the full text below for clause-level qualifications.

What time limit, percentage or amount appears in Section 46?

No explicit day/month/year/hour/percentage/rupee expression was detected in the official section text.

Which 2026 Central Rules are linked to Section 46?

No direct Central Rule is recorded in the current concordance. That does not exclude a relevant scheme, notification, State rule or enabling provision.

Is Section 46 currently operative?

All provisions were brought into force from 21 November 2025 under S.O. 5320(E); use the current India Code consolidation because the Code also reflects the 2026 amendment/transition framework.

Source & verification trail

Act: Industrial Relations Code, 2020 — official India Code PDF ↗

Central Rules: Industrial Relations (Central) Rules, 2026 — G.S.R. 342(E), 8 May 2026 ↗

Official library: Ministry of Labour & Employment — Labour Codes ↗

Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.

Reliance note: This page is an educational legal-reference layer. Verify the current official text, the applicable Central/State rules, notifications, schemes and judicial decisions before acting on a live matter.