This article is written by Hari Priya R V, B.com LL. B (hons) 5th year studying at the School of Excellence in Law during her Internship with Le Droit India.
KEYWORDS: Adjudicative body – quasi-judicial duties – Article 323A & 323B – neither a court nor an executive body – CAT – SAT – to reduce court process.
ABSTRACT:
As per Administrative law, Tribunal generally means an adjudicative body which is created outside the sphere of ordinary course of land. Administrative tribunals are neither a court nor an executive body. Basically, in India, Judicial system place an important role in solving the disputes between the parties. As it takes much time, the judiciary delegated their process to administrative tribunals to deal with the quasi-judicial duties. Article 323A and 323B deals with the categories of administrative tribunals in which it operates. These Tribunals came into force to reduce the court process.
INTRODUCTION:
Tribunal is an administrative body established for the purpose of discharging the quasi-judicial duties. The purpose of establishing these Tribunals is to exclude the presence of jurisdiction of High Court in each and every matter and it was done to reduce the pendency of cases. The introduction of Article 323A and 323B was made with the primary objective to exclude the judiciary process with an effective alternative mechanism.
DEFINITION:
According to Blackley and Oatman,” Administrative Tribunals are authorities which operates outside the ordinary court system which interpret and apply the laws, when acts of public administration are attacked in formal suits or by other established methods.
CHARACTERISTICS OF ADMINISTRATIVE TRIBUNALS:
- A Tribunal is not bound to follow the Civil Procedure Code,1908. It has the power to regulate on his own procedure within the limits prescribed by the law.
- The proceedings will be commenced based on the application made by the parties for redressal.
- These Tribunals are bound by the principle of natural justice.
- It has the same powers vested to the civil courts while trying the suits with regard to following subject matter;
- Summoning and examining him on oath,
- Discovery, inspection and taking of evidence,
- Examination and cross-examination of witness,
- Allows legal representations
CONSTITUTIONAL PROVISIONS:
The 42nd Amendment,1976 introduced the Part XIV-A which includes the Article 323A and 323B of the constitution. It provides the constitution of tribunals dealing with administrative matters with specified laws.
(i) Article 323A:
- It provides establishment of Tribunals by law made by the Parliament for the adjudication of disputes relating to recruitment and condition of services of Government servants under the State Government and Central Government.
- The parliament as passed the Administrative Tribunals Act,1985 for the proper functioning of the Members of Administrative Tribunals.
- This act authorizes Central Government to establish the Central Administrative Tribunal and State Administrative Tribunal.
(ii) Article 323B:
- This provision was introduced to establish the Tribunals for various other matters.
- The Parliament and State Legislature are authorised to provide for establishment of tribunals for the adjudication of disputes relating to ; Taxation, foreign exchange, Industrial and labour issues, Land reforms, Ceiling on Urban property, Rent and tenancy issues, food stuffs etc.
CENTRAL ADMINISTRATIVE TRIBUNAL:
According to Administrative Tribunal Act, there must be a Central Administrative Tribunal at the Centre and a State Administrative Tribunal at the state where it is required. The main purpose of establishing these tribunals to provide speed disposal of disputes and lower the burden of cases in courts. Central Administrative Tribunal was set up in the year 1985 with the principal bench at Delhi. CAT applies to all Central Government except the members of defence forces, officers and servants of the Supreme court and the secretarial staffs of the Parliament. Each tribunal shall consist of a Chairman, Vice Chairman, Judicial and Administrative officer who will be appointed by the President. CAT shall exercise all the Jurisdiction and powers in relation to recruitment of any civil services, all service matters of employees under the control of Government.
STATE ADMINISTRATIVE TRIBUNAL:
The Central Government can establish the State Administrative Tribunal on specific in respect of the concerned State Government. Like CAT, SAT also exercise original jurisdiction in relation to the recruitment and all service matters of State Government employees. The Chairman and other members of the State Administrative Tribunal will be appointed by the president after consultation with the concerned Chief Justice of India.
CASE LAWS:
- S.P. SAMPATH KUMAR VS UNION OF INDIA
In this case it was held that though the Administrative Tribunal Act,1985 excludes the jurisdiction of High Court under Article 226 and 227 of the constitution, it doesn’t mean that not entirely excluded the concept of judicial review. The jurisdiction of Supreme Court has not been excluded and has the right to look into Judicial review. - L. CHANDRA KUMAR VS UNION OF INDIA [1997]
In this case, the Supreme Court of India declared that High Court also has the right to judicial review as per article 32 and 226 of the Constitution. These tribunals can act as an additional institution rather than a substitute one.
CONCLUSION:
Thus, this brief discussion on administrative tribunals in India will help us to understand its important role prevailing in India. There are currently 19 tribunals in India some of them are Central Administrative Tribunal, Income Tax Appellate Tribunal, National Green Tribunal, Nation Company Law Tribunal etc. Thus, it renders effective remedy and reduce the burden of court proceedings.
REFERENCES:
(i) https://www.google.com/url?sa=i&url=https%3A%2F%2Fblog.ipleaders.in%2Fadministrative-tribunals-in-india%2F&psig=AOvVaw06tEPgpkFzyV7101boFG5L&ust=1713855812678000&source=images&cd=vfe&opi=89978449&ved=0CAcQrpoMahcKEwiQirDIoNWFAxUAAAAAHQAAAAAQBA