There has been a phenomenal increase in the functions of the government, which
has lent enormous powers to the executive and led to increase in the legislative
output. This has led to more litigation, restrictions on the freedom of the
individuals and constant frictions between them and the authority.
Administrative tribunals have emerged not only in India but also in many other
countries with the objective of providing a new type of justice - public good
oriented justice.
These tribunals manned by technical experts, with flexibility
in operations, informality in procedures have gained importance in the
adjudication process. In this unit, we shall first discuss the meaning of
administrative law. Then we will deal with the meaning and features of
administrative tribunals, the reasons for their growth, their types and their
advantages and disadvantages.
Moreover, it is necessary to understand the meaning of administrative law. It
covers the entire gamut of public administration and includes the statutes,
charters, rules, regulations, procedures, decisions etc. required for smooth
running of administration.1
According to Jennings, administrative law is the law
relating to the administration. It determines the organization, powers, and
duties of administrative authorities. Wade remarks that administrative law is
concerned with the operation and control of the powers of administrative
authorities with emphasis on functions rather than the structure.
Administrative law has the following characteristics:2
- It subordinates the common law, rights of personal freedom, and private property to the common good. The stress is on public interest than on individual interest.
- It entails the application of flexible standards for implementation of law.
- The interpretation of these standards lies with the administrative tribunals.
- It puts the public officials in a better position over the people.
- It is not codified and is in an experimental and dynamic condition.
Meaning Of Tribunal
The term 'Tribunal' is derived from the word 'Tribunes' which means 'Magistrates
of the Classical Roman Republic."3 Tribunal is a body constituted by or under
statute to perform adjudicatory function. The term 'tribunal' refers to the
adjudicatory bodies outside the sphere of the ordinary courts. The tern
'tribunal' does not have a fixed connotation; it is not a term of art. It is
used in many senses.
It is not possible to define the 'tribunal' precisely and
scientifically. According to the Dictionary,4 'Tribunal' means: (1) A court or
other adjudicatory body; (2) The seat, bench or place where a judge sits.
According to S.N. Jain, the term "Tribunal" has been used under the Indian
Constitution in three different senses:
- All administrative bodies exercising quasi-judicial functions, whether
as a part or parcel of the department or otherwise, may be termed as
tribunal. The only distinguishing feature of these bodies as against other
bodies exercising administrative power is that these bodies exercising
administrative power is that these bodies are required to follow the rules od natural justice in
rendering decisions.
- All those administrative adjudicatory bodies may be regarded as
tribunals which are not under the control of the department involved in the
dispute and therefore decide disputes as a judge from any departmental bias.
- The term tribunal as used in Article 136 has a special meaning in the
sense that the authority must exercise 'inherent judicial power of the
State'. Accordingly, the test to identify a tribunal is not its control,
composition, or procedure but its function.
In the case of
Durga Shanker Mehta v. Raghuraj Singh,2 The Supreme Court has
defined 'tribunal' in the following words:
"The expression 'tribunal' as used in Article 136 does not mean the same thing
as 'court' but includes, within its ambit, all adjudicating bodies, provided
they are constituted by the state and are invested with judicial as
distinguished from administrative or executive functions."
In another landmark case of Bharat Bank Ltd. v. Employees,5 the Supreme Court
has held that the tribunals are not full-fledged courts, though they possess
many of the tapping's of a court and they exercise the quasi-judicial functions.
A tribunal is an adjudicating body. It exercises judicial powers as
distinguished from purely administrative functions and decides controversies
between the parties.
Administrative Tribunals
In pursuance of administrative law, there can arise disputes. These disputes
require adjudication. There are administrative agencies other than the courts to
adjudicate such issues arising in the course of day-to-day administration.
Administrative adjudication is the resolution of quasi-judicial matters by
administrative agencies or commissions established for the purpose. A number of
technical issues and' disputes emerge in the day-to-day administration. The
ordinary courts do not have the technical expertise and it becomes quite
dilatory and costly to dispense with cases of administrative nature.
It is only
the administrative agencies, which are capable of looking into the matters of
administrative exigencies. These administrative agencies with the power to
adjudicate the disputes arising out of administrative action or inaction are
called administrative tribunals.
According to Servai, 'the development of administrative law in a welfare state
has 'made administrative tribunals a necessity'. In India, and in many other
countries, there has been a steady proliferation of administrative tribunals of
various kinds. They have, indeed, become a permanent part of the law
adjudication machinery of the country. As a system of adjudication, they have
come to stay, and their number is constantly on the increase.
Administrative
tribunals are authorities outside the ordinary court system, which interpret and
apply the laws when acts of public administration are questioned in formal suits
by the courts or by other established methods. In other words, they are agencies
created by specific enactments adjudicate upon disputes that may arise during
implementation of the provisions the relevant enactments. They are not a court
nor are they an executive body. Rather they are a mixture of both.
They are
judicial in the sense that the tribunals have to decide facts and apply them
impartially, without considering executive policy. They are administrative
because the reasons for preferring them to the ordinary courts of law are
administrative reasons. They are established by the executive in accordance with
statutory provisions.
They are required to act judicially and perform
quasi-judicial functions. The proceedings are deemed to be judicial proceedings
and in certain procedural matters they have powers of a civil court. They are
not bound by the elaborate rules of evidence or procedures governing the
ordinary courts. They are independent bodies and are only required to follow the
procedure prescribed by the relevant law and observe the principles of 'Natural
Justice'.
They do not follow the technicalities of rules of procedure and
evidence prescribed by the Civil Procedure Code (CPC) and Evidence Act
respectively. The administrative tribunals may be more appropriately defined as
specially constituted authorities established by law to settle the disputes
between the citizen and administration.
Difference Between Courts And Administrative Tribunal
It should be noted that the Administrative Tribunal is distinct from a court.
Here are the fundamental distinctions between a court and administrative
tribunal:
Court: The judges serving in regular courts possess full independence when it
comes to their tenure, terms, conditions of service, and so on, separate from
the executive branch. Their role as presiding officers in courts of law
necessitates their legal expertise. It is essential for a judge to maintain
complete impartiality and refrain from any personal or financial interests that
may influence the outcome. Moreover, judges also hold the authority to discern
the legitimacy of enacted laws. The courts adhere to a consistent and unchanging
judicial process.
All the regulations that govern the procedures and evidence
are applicable within a court of law. The court is obligated to render impartial
judgments on each matter, relying solely on the presented evidence and available
records.
Administrative Tribunal: The executive, such as the government, holds the
exclusive authority to decide the duration, provisions, and employment terms for
the individuals serving on the Administrative Tribunal. It is plausible that the
Chairperson or any other member of the Tribunal may lack formal legal education,
yet they possess significant expertise in administrative matters. An
administrative tribunal is responsible for settling disputes that may involve
one or multiple parties. However, it does not possess the authority to determine
the validity of enacted laws.
Nonetheless, the administrative tribunal has the
power to make decisions. It is worth mentioning that these decisions might be
influenced by subjective factors, taking into account the specific policies of
the corresponding department. Unlike being bound by strict rules, an
administrative tribunal operates under the guiding principles of justice.
Consequently, it is not obligated to adhere to a standardized process when
exercising its powers of adjudication.
Reasons For The Growth Of Administrative Tribunals
There are numerous factors contributing to the expansion of administrative
tribunals.
Firstly, these tribunals, which administer justice in administrative affairs,
arose as a consequence of the Welfare State. In the late 18th and 19th
centuries, when the doctrine of 'laissez-faire' prevailed, the courts acted as
protectors of individual citizens' rights and freedoms. However, occasionally,
they prioritized safeguarding citizens' rights even at the cost of state
authority.
With the introduction of the Welfare State, the focus shifted towards
social interests taking precedence over individual rights. As collective control
over employment conditions, living standards, and basic necessities of the
people increased, there emerged a necessity for a more suitable decision-making
process that could effectively address the social demands of the time, unlike
the extensive and expensive judicial system provided by the courts. Essentially,
the "judicialization of administration" became a potent tool for implementing
social policies and legislation.
Secondly, considering the swift expansion and growth of the industry, trade, and
commerce, the existing traditional courts are inadequate to handle the
escalating workload. As a result, there is a significant delay in reaching
verdicts, which obstructs the resolution of cases. Therefore, multiple
administrative tribunals have been established in the country, as they possess
the capacity to process cases swiftly, cost-effectively, and efficiently in
comparison to the conventional courts.
Thirdly, the conventional courts face challenges in delivering proper justice in
complex cases due to their intricate procedures, legalistic forms, and mindset.
Judges, who have received training in legal principles and jurisprudence, lack
the expertise to comprehend the technical issues arising from complicated modern
economic and social processes. Resolving such problems necessitates
administrators with specialized knowledge, who can carefully analyze and address
them. Hence, the establishment of administrative tribunals has become
indispensable to meet this requirement.
Fourthly, numerous situations call for immediate and decisive action to
safeguard the interests of the citizens. Instances include enforcing safety
regulations in local mines, preventing illicit transactions involving foreign
currency, and countering unjust business practices. Dealing with such cases
through regular courts would result in substantial financial losses to the state
treasury and undermine national interests. However, by entrusting these matters
to administrative courts led by experts, prompt and fair action can be ensured.
Need For Establishment Of Tribunal & Provisions Under Constitution
The creation of specialized Administrative Tribunals to handle matters related
to services was foreseen to have multiple advantages. It would not only decrease
the workload of different courts, allowing them to effectively deal with other
cases, but it would also ensure quick resolution of complaints for individuals
falling under the jurisdiction of these tribunals. The Law Commission
acknowledged the benefits of such tribunals as early as 1958, mentioning their
ability to expedite proceedings, lower costs, simplify procedures, and utilize
expert knowledge.
The importance of these tribunals can be understood from the fact that the
Constitution of India has been amended to grant Parliament the power to
establish them through legislation for specific subjects. The Constitution (42nd
Amendment) Act, 1976 introduced a new Part XIV-A, consisting of Article 323-A
and 323-B, which deals with the establishment of Administrative Tribunals to
resolve disputes on various matters.
The intention behind this addition was to
tackle the increasing backlog of cases in High Courts and ensure prompt
resolution of service matters, revenue matters, and other matters of special
importance considering socio-economic development and progress. These provisions
aim to strengthen the Tribunal system in the country.
Article 323-A empowers Parliament to pass laws that permit Administrative
Tribunals to resolve disputes and handle complaints regarding the recruitment
and terms of employment for individuals appointed to public services and
positions related to the affairs of the Union, States, local or other
authorities within India's territory, or entities controlled by the Government
of India.
The provisions of Article 323-A take precedence over any other
provision in the Constitution or any other law. Article 323-B has a wider scope.
It states that the relevant legislature may pass laws enabling tribunals to
resolve disputes, handle complaints, or address other offenses concerning the
matters listed therein, provided that the legislature has the authority to make
laws on those subjects.
Explaining the object, the Supreme Court in
T. Sudhakar Prasad v. Govt. of A.P.,8
observed that the Parliament was motivated to create new adjudicatory fora to
provide new, cheap and fast track adjudicatory systems and permitting them to
function by tearing of the conventional shackles of strict rule of pleadings,
strict rule of evidence, tardy trials, three/four tier appeals, endless
revisions and reviews, creating hurdles in fast flow of stream of justice.
The Central Administrative Tribunal throughout India comprises a total of 19
Benches and 19 Circuit Benches. To ensure comprehensive coverage, the Government
of India has officially notified 215 organizations, including various Ministries
and Departments of the Central Government, under section 14 (2) of the
Administrative Tribunals Act, 1985.
This measure aims to bring these
organizations within the purview of the Central Administrative Tribunal as
needed. Moreover, the Principal Bench of the Central Administrative Tribunal
handles cases concerning the government of the National Capital Territory of
Delhi.
The Central Administrative Tribunal is headed by Hon'ble Chairman Sh. Justice
Ranjit Vasantrao, retired Chief Justice, Meghalaya High Court. There are 69
Hon'ble Members in various Benches of the Tribunal out of which 34 are Judicial
Members and 35 are Administrative Members.
After the establishment of the Tribunal in 1985, it received 13,350 pending
cases on transfer from the High Courts and subordinate Courts under section 29
of the Administrative Tribunal Act, 1985. Since its inception in 1985, up to
30th June, 2022, about 8,82,085 cases were instituted in the Tribunal. Out of
those, 8,04,272 cases have already been disposed of. That is a disposal rate of
91.18%.
Establishment Of Administrative Tribunals
Section 4 of the Act provides for the establishment of Central Administrative
Tribunals (CAT), State Administrative Tribunals (SAT) and Joint Administrative
Tribunals (JAT).9 These tribunals are constituted by the Central Government.
State Administrative Tribunals may be constituted by the Central Government on
the request of the concerned State10 while Joint Administrative Tribunals may be
constituted by the Central Government on the request of two or more States.11
The Central Administrative Tribunal decides the services disputes pertaining to
the employees of the Central Government or employees of any Union Territory or
local or other Government under the control of the Government of India or
employees of a corporation owned or controlled by the Central Government. A
State Administrative Tribunal decides the service disputes pertaining to the
employees of the States on whose request it has been established.
Composition Of Administrative Tribunals
Section 5(1) of the Act provides that each Tribunal shall consist of a Chairman
and such number of Judicial and Administrative Members as the appropriate
Government may deem fit.12 The Jurisdiction, power and authority may be
exercised by Benches thereof.13 A Bench of the tribunal shall consist of one
judicial Member and one Administrative Member.14 The Chairman may order the
composition of a Bench consisting of more than two Members, if in his opinion,
it is deemed fit, for deciding any case or cases, having regard to the nature of
the question involved therein.15
The appointment of the Chairman and every other
member of the tribunal shall be made by the President of India after
consultation with the Chief Justice of India.16 In case of a Tribunal shall be
made by the President after consultation with the Governor of the concerned
State.17
In
Union of India v. Kali Dass Batesh,18 the Supreme Court observed that CAT is
a tribunal constituted under Article 323-A of the Constitution and is expected
to have the same jurisdiction as that of High Court. Consequently, Parliament
has taken great care to enact, vide Section 6 and 7 of the Act no appointment of
a person shall be made except after consultation with the Chief Justice of
India.
Qualification
The qualifications can be discussed under the following heads:
- Qualification for Appointment as Chairman:
A person shall not be qualified for appointment as the Chairman unless
he is, or has been, a Judge of a High Court. Provided that a person
appointed as Vice-Chairman before the commencement of this Act shall be
qualified for appointment as Chairman if such person has held the office
of the Vice-Chairman at least for a period of two years.19
- Qualification for Appointment as Administrative Members:
A person shall be qualified as an Administrative Member if he has held
for at least two years the post of Secretary to the Government of India
or any other post under the Central or State Government and carrying the
scale of pay which is not less than that of a Secretary to the
Government of India for at least five years or any other post under the
Central or State Government of India for at least five years or any
other post under the Central or State Government carrying the scale of
pay which is not less than that of Additional Secretary to the
Government of India at least for a period of five years.
Provided that the officers belonging to All India services who were or
are on Central deputation to a lower post shall be deemed to have held
the post of Secretary or Additional Secretary, as the case may be, from
the date such officers were granted promotion or actual promotion
whichever is earlier to the level of Secretary or Additional Secretary,
as the case may be, and the period spent on Central deputation after
such date shall count for qualifying service for the purposes of this
clause.20
- Qualification for appointment as Judicial Members:
A person shall be qualified for appointment as a Judicial Member if he
is or has been qualified to be a Judge of High Court or he has for at
least two years held the post of Secretary to the Government of India in
the Department of Legal Affairs or the Legislative Department including
Member-Secretary, Law Commission of India or held a post of Additional
Secretary to the Government of India in the Department of Legal Affairs
and Legislative Department at least for a period of 5 years.21
The Administrative Tribunals (Amendment) Act, 2007 makes it clear that the
Chairman and Members appointed prior to Amending Act of 2007, on completion of
either their term of service or on attainment of 65 years in the case of
Chairman or 62 years in the case of Members of the Tribunal, whichever is
earlier, may be considered for fresh appointment.
Proviso to Section 10A of
amended Act provides that such fresh appointment could be made only when the
criteria prescribed under amended Section 8 is satisfied and it is further
subject to the condition that the total term of office of the Chairman shall not
exceed 5 years and that of a Member, ten years.22
Jurisdiction Of Tribunals
Section 14 of the Act provides that from November 01, 1985, the Central
Administrative Tribunal shall exercise all the jurisdiction, powers and
authority, exercisable immediately before that day, by all courts (except the
Supreme Court) in relation to the recruitment and all service matters concerning
the Central Civil Servants. The expression 'Central Civil Servants' include:
- A member of any All-India Service;
- A person appointed to any civil service of the Union or to any
civil post under the Union;
- A civilian appointed to any defence service or a post connected with defence;
- A person appointed to a post under any local or other authority
within the territory of India or under the control of the Government
of India; or a person whose services have been placed at the
disposal of the Central Government by a State Government or any
local or other authority or any corporation or society or other
body.
The expression "all court" in Section 14 of the Act is comprehensive enough to
include the High Courts and, therefore, if the subject-matter of the claim of
the respondents is held to be covered by Section 14, it must follow that the
High Court is not left with any jurisdiction to deal with the same.
In case of
P. Lal v. Union of India, 23 the Supreme Court held that Section 14
vests in the Tribunal the jurisdiction, power and authority earlier exercised by
courts, in respect of service matters. The expression "service matters" means
all matters relating to the conditions of service of government civil
servants.24 The expression matters relating to "recruitment and service matters"
is wide enough to cover all service matters, whether the allegation is the
violation of the provisions of Article 311 or any service rules framed under
Article 309 of the Constitution. The infringement of fundamental rights of the
civil servants may be agitated before the tribunals.
Category of persons outside the jurisdiction of tribunals (Section 2)
- any member of the naval, military or air force or of any other armed forces of the union;
- any officer or servant of the Supreme Court or of any High Court or courts subordinate thereto;
- any person appointed to the secretarial staff of either house of Parliament or to the Secretarial staff of any State Legislature or a House thereof.
Section 15 and 16 provide for the jurisdiction, power and authority of the State
Administrative Tribunals (SAT) and the Joint Administrative Tribunals (JAT)
respectively, which are similar to as that of the Central Administrative
Tribunal (CAT), however concerning the matters relating to the affairs of the
respective State Government.
Whether the tribunal has power to issue any direction, order or writ under
Article 226 and 227 of the Constitution of India?
In
S.P. Sampath Kumar v. Union of India,25 the Supreme Court held that the
Tribunal is a substitute of the High Court and has inherited the power to issue
"any direction, order or writ under Articles 226 and 227 of the Constitution
with respect to the service matters."
Immediately after this case, the Supreme Court in another case of J.B. Chopra v.
Union of India,26 it was held that Tribunals have jurisdiction, power and
authority to even adjudicate upon questions pertaining to the constitutional
validity or otherwise of a rule framed by the President under proviso to Article
309. The Constitutional Amendment through Articles 323-A and 323-B excluding the
jurisdiction of all courts except the Supreme Court under Article 136.
This was
challenged before the Supreme Court in case of
L. Chandra Kumar v. Union of
India, 27 the court held that the writ jurisdiction of the High Courts is a part
of the 'basic structure' of the Constitution and hence cannot be barred by the
Parliament. In this case, the court held that clause 2(d) of Article 323A and
clause 3(d) of Article 323B, to the extent they empower Parliament to exclude
the jurisdiction of the High Courts and the Supreme Court under Articles 226,
227 and 32 of the Constitution, are unconstitutional. In
M.B. Majumdar v. Union
of India, 28 the Supreme Court has observed that the Administrative Tribunals
could not be equated with High Courts.
Whether the Members of the Tribunals created under the Act are judges and their
orders are judgements or decrees within the meaning of Section 2(9) of CPC?
The Supreme Court in
State of T, N. v. S. Thangavel,29 observed that the Members
of the tribunal created under the Act, are not judges and their orders are not
judgments or decrees within the meaning of Section 2(9) of the CPC.
Whether the High Court exercise jurisdiction over a Tribunal situated outside
its territorial limit? Recently, the Supreme Court has referred this matter to a
larger bench.30
Procedure To Be Followed By The Tribunals
To What Court Application Lie: Section 19(1) of the Administrative Tribunals
Act, 1985 provides that a person aggrieved by an order pertaining to any matter
within the jurisdiction of the Tribunal, may make an application to the Tribunal
for redressal of his grievance. Rule 6 provide that an application shall be
filed with the Bench within whose jurisdiction:
- The applicant is posted for the time being in force, or
- Where the cause of action wholly or in part has arisen.31
Application Requirements: The application shall be in such form and be
accompanied by such documents or other evidence and by such fee (if any, not
exceeding one hundred rupees) in respect of the filling of such application and
by such other fees for the service or execution of processes as may be
prescribed by the Central Government.32 The language of the Tribunal shall be
English provided the parties to a proceeding may file documents drawn up in
Hindi, if they so desire.33
Procedure After receipt of Application: On receipt of an application, the
Tribunal shall, if satisfied, after such inquiry as it may deem necessary, that
the application is a fit case for adjudication or trial by it, admit such
application. The tribunal may, after recording its reasons, summarily reject the
applications if it is so satisfied.34 The tribunal shall not admit an
application unless it is satisfied that the application had availed of all the
remedies available to him under the relevant service rules as to the redressal
of grievances.
Time Period for filing an application: The tribunal shall not admit an
application unless it is made within one year from the date on which cause of
action arose. In case, where an appeal preferred or representation made to the
Government or other competent authority, having more of redressal of grievances
of the applicant.
And a period of 6 months had expired without final order
having been made by such authority, the tribunal shall admit an application
within one year from the date of expiry of the said period of 6 months.35
However, an application may be admitted after the limitation period of one year
or the limitation period of 6 months, as the case may be, if the applicant
satisfies the Tribunal that he had sufficient cause for not making the
application within such period.36
Notice to Respondent: The notices to be issued by the Tribunal may be served
upon the respondent by any of the following modes:
- Service by the party itself;
- By hand delivery through process server;
- By registered post;
- Through the concerned head of office of the same department.
After the receipt of notice, the respondent shall file the reply to the
application within one month of the service of notice of the application on him.
If the respondent fails to file reply statement within such time, then the case
shall be deemed to be ready for hearing and included in the ready list for final
hearing.38 In case where a reply has been filed, the applicant may file a
rejoinder to the reply statement and after that the case shall be deemed to be
ready for hearing and included in the ready list for final hearing.39
The Tribunal shall decide every application made to it as expeditiously as
possible and ordinarily it shall be decided on a perusal of documents and
written representations and after hearing such oral arguments as may be
advanced.40 The Tribunal is not bound by the procedure laid down in the Code of
Civil Procedure, 1908. But it shall be guided by the principles of natural
justice.38
Power of Civil Court: The Tribunal shall have the power of Civil Court under CPC
while trying a suit:
- summoning and enforcing the attendance of any person and examining him on oath;
- requiring the discovery and production of documents;
- receiving evidence on affidavits;
- subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office;
- issuing commissions for the examination of witnesses or documents;
- reviewing its decisions;
- dismissing a representation for default or deciding it ex parte;
- setting aside any order of dismissal of any representation for default or any order passed by it ex parte; and
- any other matter which may be prescribed by the Central Government.
No Interim Order:
Section 24 of the Act provides that no interim order shall be made on, or in any proceedings relating to, an application. However, under the following circumstances, an interim order can be passed by the Tribunal where:
- Copies of such application and of all documents in support of the plea for such interim order are furnished to the party against whom such application is made or proposed to be made; and
- Opportunity is given to such party to be heard in the matter.
The final decision of the Tribunal shall be described as "Order".40 Every order
of the Tribunal shall be signed by the Member or Members constituting the Bench,
which pronounced the order.
Whether the Chairman of Central Administrative Tribunal can grant stay
proceedings pending before a larger bench of High Court?
Explaining the scope of the powers of the Chairman of CAT, the Supreme Court in
case of
All India Institute of Medical Sciences v. Sanjiv Chaturvedi41 observed
that Section 25 makes it clear that the Chairman deciding a question of whether
a matter should be transferred from one Bench to another cannot grant interim
stay of proceedings, there being no power conferred on the Chairman under the
said section to pass such interim stay. The court further, held that the
Chairman cannot interfere with the functioning of the Benches or tinker with its
orders by passing interim orders in a transfer petition.
Whether the Amendment is Constitutionally valid?
The constitutional validity of the Amendment Act was challenged in A.K. Behra v.
Union of India,42 the Apex Court by 2:1 upheld the constitutional validity of
the impugned amendment and dismissed the writ petition.
Conclusion
Given the rising significance of administration in the lives of citizens, it is
crucial for administrative tribunals to play a pivotal role in resolving
citizens' grievances. Throughout this unit, we have analyzed the essence of
administrative tribunals and the various reasons that underscore their utmost
importance.
Our country has established diverse types of administrative
tribunals to address a wide array of issues, including the settlement of
disputes and complaints involving public servants, resolution of consumer
disputes, industrial conflicts, and matters related to income tax, among others.
These tribunals offer enhanced flexibility in dispensing justice and alleviate
the burden on the courts.
However, they do encounter certain limitations. At
times, they infringe upon the principles of natural justice, lack a consistent
approach to delivering justice, and often lack a comprehensive understanding of
legal or judicial work. Nonetheless, with the implementation of specific
safeguards, we can rectify some of these limitations. It is imperative that
individuals with legal training and experience are appointed to serve on
administrative tribunals. Additionally, it is crucial to establish and enforce a
code of judicial procedures to regulate their operations effectively.
End-Notes:
- S.R. Maheshwari, Indian Administrative 62 (Orient Longman Pvt. Ltd. New Delhi,2001).
- Nageswara Rao & G.B. Reddy, "Doctrine of Judicial Review and Tribunals: Speedbreakers Ahead", Journal of the Indian Law Institute 418 (1997).
- C.K. Thakkar, Administrative Law 226 (Eastern Book Company, Lucknow, 1996)
- Black Law's Dictionary
- AIR 1954 SC 520.
- Sunil Chhabra, Administrative Tribunals (Deep & Deep Publications, New Delhi,1990).
- Paras Diwan, Administrative Law (Allahabad Law Agency, Allahabad, 1995).
- JT 2001 (1) SC 201.
- The Administrative Tribunal Act, 1985 s. 4.
- Id., s. 4(2).
- Id., s. 4(3), 4(4).
- Id., s. 5(1).
- Ibid.
- Id., s. 5(2).
- Id., s. 5(4).
- Id., s. 6(3).
- Id., s. 6(4).
- AIR 2006 SC 789.
- The Administrative Tribunal (Amendment) Act, 2006, s. 6(1).
- Id., s. 6(2)(a).
- Id., s. 6(2).
- Id., s. 10A.
- AIR 2003 SC 1499.
- Supra note at 9, s. 3(q).
- (1987) 1 SCC 124.
- AIR 1987 SC 357.
- AIR 1995 SC 1151.
- AIR 1990 SC 2263.
- 1997 (2) SCC 349.
- Union of India v. Sanjiv Chaturvedi & Ors. 2023 LiveLaw (SC) 162.
- The Central Administrative Tribunal (Procedural) Rules 1987.
- Supra note at 9 s. 19(2).
- Supra note at 31, rule 3.
- Supra note at 9 s. 19(3).
- Id., s. 21(1).
- Id., s. 21(3).
- Supra note at 31, rule 11(1).
- Id. 1987, rule 31.
- Id. rule 32.
- Id. s. 22(1).
- 2019 SCC OnLine SC, 118.
- (2010) 5 SCALE 472.
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