TRIBUNALS IN INDIA: Structure, Power & Function # |
Administrative Tribunals: Decoding Service Disputes and Legal Dynamics #
- Tribunals were not part of the original constitution.
- Added by 42nd Constitutional Amendment Act, 1976 with a new Part XIV-A and Article 323A and 323B to the Constitution on recommendation of Swaran Singh Committee. (Committee also recommended Fundamental Duties).
- They enjoy some of the powers of a civil court.
- Tribunals work upon the principle of natural justice, not abide by civil procedure code.
| ARTICLE 323A | ARTICLE 323B |
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In accordance with Article 323A, Parliament has passed The Administrative Tribunals Act, 1985 which authorises the Central government to establish one CAT and SAT.
| PARAMETER | Central Administrative Tribunal (CAT) | State Administrative Tribunal (SAT) |
| APPOINTMENT |
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| COMPOSITION |
|
—– |
| TERM |
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—– |
| MISCELLANEOUS |
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- Article 323 A– Enables the Parliament to take out the adjudication of disputes relating to service matters from the civil courts and the high court and place it before the administrative tribunals.
- In Chandra Kumar case, the Supreme Court declared those provisions of these two articles which excluded the jurisdiction of the high court and the Supreme Court as unconstitutional. Hence, the judicial remedies are now available against the orders of these tribunals.
- It laid down that appeals against the orders of the CAT shall lie before the division bench of the concerned high court.
| COURT OF LAW | TRIBUNAL |
| A court of law is a part of the traditional judicial system. | An Administrative Tribunal is an agency created by the statute and invested with judicial power. |
| The Civil Courts have judicial power to try all suits of a civil nature unless the cognizance is expressly barred. | The Tribunal is also known as the Quasi-judicial body. Tribunals have the power to try cases of special matter which are conferred on them by statutes |
| Judges of the ordinary courts of law are independent of the executive in respect of their tenure, terms and conditions of service etc. The Judiciary is independent of the Executive. | Tenure, terms and conditions of the services of the members of Administrative Tribunal are entirely in the hands of the Executive. |
| A court of law can decide vires of a legislation | Administrative Tribunal cannot do so |
| A court of law is bound by all the rules of evidence and procedure. | An Administrative Tribunal is not bound by rules but bound by the principles of nature of Justice. |
| The presiding officer of the court of law is trained in law and legal profession. | The president or a member of the Tribunal may not be trained as well in law. He may be an expert in the field of Administrative matters. |
| Court must decide all questions objectively on the basis of evidence and materials on record. | Decisions by the Administrative Tribunal may be subjective rather than objective. Administrative Tribunal may decide questions by taking into account departmental policy. |
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