Administrative Tribunals in India: Efficiency, Structure and Ongoing Challenges- (Part 02)

Tribunals in India are judicial or quasi-judicial bodies established by law to handle specific disputes, providing faster and more efficient adjudication compared to traditional courts. They ensure expertise in resolving matters like administrative or tax-related disputes. Tribunals, vested with judicial powers, perform various functions such as adjudicating disputes, making administrative decisions, and reviewing existing administrative decisions, ensuring a level of independence akin to the judiciary.

Administrative Tribunals in India

Types of Tribunal

A. Administrative Tribunals (Article 323A)

• Establishment of Administrative Tribunals: It empowers the Parliament to provide for the establishment of administrative tribunals for the adjudication of disputes relating to recruitment and conditions of service of persons appointed to public services of the Centre, the states, local bodies, public corporations and other public authorities. 
• Transfer of Adjudication: This article enables the Parliament to take away the adjudication of disputes relating to service matters from the civil courts and the high courts and place it before the administrative tribunals.
• Legislative Action: In pursuance of Article 323A, the Parliament has passed the Administrative Tribunals Act in 1985. 
• Authority of the Act: The act authorises the Central government to establish one Central administrative tribunal and the state administrative tribunals. 
• Access to Justice: This act also opened a new chapter by providing speedy and inexpensive justice to the aggrieved public servants. 

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Characteristics of Administrative Tribunals

Creation of a Statute: It lays for the creation of a statute.

• Quasi-Judicial Functions: It vests  the judicial power of the State and performs quasi-judicial functions which are different from pure administrative functions.
• Open and Fair Proceedings: It is required to act openly, fairly and impartially.
• Adherence to Natural Justice: It is bound to act judicially and follows the principles of natural justice.
• Flexible Procedures: It is not bound by the strict rules of procedure and evidence  as prescribed by the civil procedural court.

Central Administrative Tribunal  (CAT)

Establishment of CAT: The Central Administrative Tribunal (CAT)  was established in 1985 as per the provisions of the Administrative Tribunals Act of 1985 with its  principal bench at Delhi and additional benches in different states. 

• These benches also hold circuit sittings at other seats of high courts. 
• Jurisdiction: It exercises original jurisdiction in relation to recruitment and all service matters of public servants covered by it. 
• Coverage: Its jurisdiction extends to – the all-India services, the Central civil services, civil posts under the Centre and civilian employees of defence services.
• Exclusions: It does not cover – the members of the defence forces, officers and servants of the Supreme Court and the secretarial staff of the Parliament are not covered by it. 
  • Strength:-
    • It is a multi-member body which consists of a chairman and members. 
      • Earlier, the CAT consisted of a Chairman, Vice Chairman and members. 
      • But from 2006, the Administrative Tribunals (Amendment) Act, 2006 the provision for the Vice-Chairman was removed.
    • At present, the sanctioned strength of the Chairman is one and sanctioned strength of the Members is 65. 
• Appointment
• Selection of Members: They are drawn from both judicial and administrative streams and are appointed by the President. 
• Tenure of Office: They hold office for a term of five years or until they attain the age of 65 years in case of chairman and 62 years in case of members, whichever might be  earlier. 
• Appointment Process: The appointment of members in CAT is made on the basis of recommendations of a high powered selection committee chaired by a sitting Judge of the Supreme Court who is nominated by the Chief Justice of India. 
• Approval and Concurrence: After obtaining the concurrence of Chief Justice of India, appointments are made with the approval of Appointments Committee of the Cabinet (ACC). 
• Principles: It is not bound by the procedure laid down in the Civil Procedure Code of 1908, but  guided by the principles of natural justice.
• Fee Requirement: Only a nominal fee of ₹50 is to be paid by the applicant and it  appears either through person or through a lawyer. 
• Appeals to be made – Initially, appeals against the orders of the CAT were made only in the Supreme Court and not in the high courts. 
• L.Chandra Kumar case (1997): However, in the L.Chandra Kumar case (1997), the Supreme Court declared
• This restriction on the jurisdiction of the high courts was unconstitutional, holding that judicial review is a part of the basic structure of the Constitution. 
• It also laid down that appeals against the orders of the CAT shall lie before the division bench of the concerned high court.
• Consequently, the now aggrieved public servant has to first approach the concerned high court, before approaching the Supreme Court directly against an order of the CAT.

State Administrative Tribunals (SATs)

Establishment of SATs: The SATs have been set up in the various  states of Andhra Pradesh, Himachal Pradesh, Odisha, Karnataka, Madhya Pradesh, Maharashtra, Tamil Nadu, West Bengal and Kerala. 

• However, the Madhya Pradesh, Tamil Nadu and Himachal Pradesh Tribunals have since been abolished.
• However, Himachal Pradesh reestablished the SAT and the Tamil Nadu government also  requested now to reestablish the same. 
• The Haryana government has requested to establish the SAT for their state. 
• On the other hand, the Odisha government submitted a proposal for abolition of the Odisha Administrative Tribunal.
• Empowerment by Administrative Tribunals Act: The Administrative Tribunals Act of 1985  empowers the Central government to establish State Administrative Tribunals (SATs) on the specific request of the concerned state governments.
• Jurisdiction of SATs: Similar to the CAT, the SATs also exercises original jurisdiction in relation to recruitment and all service matters of state government employees. 
• Appointment of Chairman and Members: The chairman and members of the SATs are appointed by the President after consultation with the governor of the state concerned.

Joint Administrative Tribunals (JAT)

Provision for Joint Administrative Tribunal (JAT): The Administrative Tribunals Act of 1985 also made a   provision for setting up Joint Administrative Tribunal (JAT) for two or more states. 

• Jurisdiction and Powers of JAT: A JAT exercises all the jurisdiction and powers exercisable by the administrative tribunals for such states.
• Appointment of Chairman and Members of JAT: The chairman and members of a JAT are appointed by the President after consultation with the Governors of the concerned states.

B. Tribunals for Other Matters (Article 323B)

• • Authority under Article 323B: Within the Constitution, Article 323B gives authority to the Parliament and the State Legislatures for the establishment of tribunals for the adjudication of disputes.
• Tribunals for other matters  related to the following matters include:
  • Taxation 
  • Foreign exchange, import and export
  • Industrial and labour 
  • Land reforms
  • Ceiling on urban property 
  • Elections to Parliament and state legislatures 
  • Food stuffs 
  • Rent and tenancy rights

Advantages of Tribunals 

Flexibility: It is not restrained by rigid rules under the Civil Procedure Code and the Indian Evidence Act and follows the principles of Natural Justice. 

• Less Expensive: It is  less formal and a faster way to resolve disputes than the traditional court. 
• Technical Expertise: Provision to appoint expert members who play a critical role in the adjudication of matters demanding technical expertise. 
• Legally Binding Decisions:  It has the same powers as a civil court, viz., issuing summons and allowing witnesses to give evidence. 
  • Its decisions are legally binding on the parties, subject to appeal. 
• Relief to Courts: It gives relief to overburdened ordinary courts of law.

Issues Faced By Tribunals In India

There are several issues faced by tribunals in India, which includes:

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Conclusion

Tribunals play a vital role in the Indian legal system by providing specialized, cost-effective, and timely justice, thus reducing the burden on traditional courts. 

• Despite their advantages, they face issues like lack of independence, overlapping jurisdictions, and administrative inefficiencies. 
• Addressing these challenges is essential to enhance the effectiveness and credibility of tribunals in ensuring justice.

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