“ADMINISTRATIVE TRIBUNALS OF INDIA”

A Study in the light of decided cases

Abhishek Kumar Jha

National University of Study and Research in Law, Ranchi

INTRODUCTION

Welfare nature of government is the evolutionary goal of probably every kind of government

these days in this contemporary world. There has been a phenomenal increase in the functions

of the government, which has lent enormous powers to the executive and also 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. The development of

welfarism led to an increase in governmental functions and the executive saw in this a need to

perform a number of quasi- legislative and quasi- judicial functions, thus blurring the

traditional positions of the various wings of the government under the doctrine of separation

of powers, under which the powers of the government were divided between the legislature,

executive and the judiciary which were to be entrusted with the power of making law,

executing it and interpreting the law respectively.

But now these welfare states changed radically and involve itself in the hosting of wide socio-

economic activities; for example: providing health services, education , industrial regulation

and other allied welfare measures. Now where there is these kind of activities; disputes are

certain and obvious. The issues which arose from disputes on such matters raised not only

legal matters but also matters which affect the society at large. The constitution and function

of our court system is very traditional as well as inefficient. The inherent procedural

limitations made it difficult for the courts to dispose these cases promptly thus leading to a

huge backlog of cases in all levels of the judiciary. Courts therefore became deluged with

litigations arising directly and incidentally from such increased governmental interventions. It

was also felt in many quarters that the members of the judiciary were neither adequately

trained nor equipped to deal with the complex socio-economic and technical matters at hand.

Thus it was felt specialised adjudicatory bodies such as tribunals needed to be created to

resolve such disputes fairly and effectively.

1 | P a g e

Tribunals are a “Judgment seat; a court of justice; board or committee appointed to adjudicate

on claims of a particular kind”1. The essence of the meaning of the word tribunal which can

be culled out from the various Supreme Court authorities is that they are adjudicatory bodies

(except ordinary courts of law) constituted by the State and invested with judicial and quasi-

judicial functions as distinguished from administrative or executive functions2.

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.

According to Servai, „the development of administrative law in a welfare state has made

„administrative tribunals a necessity'.3 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. 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. The Supreme Court in Jaswant

Sugar Mills v.Lakshmi Chand4 laid down the following characteristics or tests to determine

whether an authority is a tribunal or not:

1. Power of adjudication must be derived from a statute or statutory rule.

2. It must possess the trappings of a court and thereby be vested with the power to summon

witnesses, administer oath, compel production of evidence, etc.

3. Tribunals are not bound by strict rules of evidence.

4. They are to exercise their functions objectively and judicially and to apply the law and

resolve disputes independently of executive policy.

5. Tribunals are supposed to be independent and immune from any administrative

interference in the discharge of their judicial functions.

1 Thakker, C.K., Administrative Law, Eastern Book Company : Lucknow, 1996, p.226.2 Ibid3 Serwai ,HM, Constitutionsl law of India4 AIR 1963 SC 677 at 687

2 | P a g e

This project comprehensively deals with the all possible

aspects regarding the tribunals in India. An exhaustive research was done using secondary

sources from books, articles and over the internet. A comprehensive bibliography is provided

at the end of this project.

EVOLUTION OF TRIBUNAL SYSTEM IN INDIA

In India, administrative adjudication increased after independence and several welfare laws

were promulgated which vested the power on deciding various issues in the hands of the

administration. The modern Indian Republic was born a Welfare State and thus the burden on

the government to provide a host of welfare services to the people was immense. These

quasi-judicial powers acquired by the administration led to a huge number of cases with

respect to the manner in which these administrative bodies arrived at their decisions. The

Courts held that these bodies must maintain procedural safeguards while arriving at their

decisions and observe principles of natural justice-their opinions were substantiated by the

14th Law Commission Report.5 In order to avoid clogging the judicial machinery with cases

which would have arisen by the operation of these new socio-economic legislations, a

number of tribunals were established by the government. The tribunals were established with

the object of providing a speedy, cheap and decentralised determination of disputes arising

out of the various welfare legislations.6 Another important reason for the new development is

that law courts, on account of their elaborate procedures, legalistic fronts and attitudes can

hardly render justice to the parties concerned, in technical cases. Ordinary judges, brought up

in the traditions of law and jurisprudence, are not capable enough to understand technical

problems, which crop up in the wake of modem complex economic and social processes.

Only administrators having expert knowledge can tackle such problems judiciously. To meet

this requirement, a number of administrative tribunals have come into existence.

5 Nayak,R., Administrative justice In India, Butterwoths : New Delhi, 1989, p.386 Jain,M.P., Principles of Administrative Law, Wadhwa & Company : Nagpur, 1996, pp.246-248

3 | P a g e

In India such tribunals were set up immediately after independence. In fact, the most

important adjudicatory function is carried out by statutory tribunals created by the legislature

to adjudicate upon certain disputes arising from administrative decisions or to determine

issues judicially.

The Railway Rates Tribunal, the Income Tax Appellate Tribunal, Labour Tribunals, the

Companies Tribunal, various Compensation Tribunals, Revenue Courts of various States,

etc., can be cited as examples of such tribunals.7

Regarding the problem of backlog and delayed disposal of case the Government set up the

Administrative Reforms Commission in 1967. It was to examine the problem, suggests

solutions and also to recommend the suitable areas in which tribunals could be set up,

according to this commission The reasons for the growth of administrative tribunals are as follows:

1) Inadequacy of the traditional judiciary to effectively decide administration-related matters

especially when it came to technicalities.

2) The traditional judiciary was seen to be slow, costly and excessively procedural.

The Commission also recommended the establishment of independent tribunals in the following

areas:

a) Service matters and dispute of employees under the state

b) Orders of assessment on adjudication under Customs, Central Excise, Sales Tax and orders

under the Motor vehicles Act.

Period of emergency played a crucial role in the evolution of

tribunals in India. There were clear signals that the executive did not want the judiciary to interfere

with their developmental

plans

and other such decisions. Such as removing

disputes

regarding elections to the

office of President, Prime Minister and Speaker of the Lok Sabha

beyond judicial

scrutiny.8Hence

in 1976 the

issue was discussed at the Conference

of Chief

Secretaries and from amongst all these discussions and the reports of the various bodies stated above,

Parliament enacted the 42ndConstitution (Amendment) Act, 1976 inserting Articles 323A and 323B

7 Supra n.1 at p.668 “Tribunalisation in India” http://legalsutra.org/1446/tribunalisation-in-india/ as on 16th October, 2011.

4 | P a g e

which provided for the establishment of administrative and other tribunals to deal with the matters

specifically provided for.

The main distinction that can be made out between article 323A and 323B is that while 323A allows

for the Parliament to by law provide for administrative tribunals to adjudicate disputes, 323B allows

for the any “appropriate legislature”, to by law create an administrative tribunal for the adjudication of

disputes.

Administrative Tribunals Act, 1985

In pursuance of Art 323-A Parliament has passed the Administrative Tribunals Act, 1985 covering all

matters falling within the clause (1) of Article 323- A. This Act authorises central government to

establish administrative tribunals for central services and on the application of States even for States

services as well as for local bodies and other authorities including public corporation. From the date

of establishment of tribunals all courts except the Supreme Court under Art 136 lose their jurisdiction

with respect to the matter falling within the jurisdiction of the tribunals.

A tribunal shall consist of Chairman and such number of Vice-Chairmen and other members as

appropriate Government may deem fit. They are appointed by the President in the case of Central

tribunals and by the President in consultation with the Governors or Governors in case of State or

joint Tribunals. The qualifications regarding that are laid down in the Act.9

Other aspects regarding administrative Tribunals are being discussed below different headings and

sub-headings.

9 Administrative Tribunals Act, 1985 http://cgat.gov.in/act.htm as on 18th Oct,2011

5 | P a g e

TYPES OF ADMINISTRATIVE TRIBUNALS

There are different types of administrative tribunals, which are governed by the statues, rules,

and regulations of the Central Government as well as State Governments.

Central Administrative Tribunal (CAT)

The enactment of Administrative Tribunals Act in 1985 opened a new chapter in

administering justice to the aggrieved government servants. It owes its origin to Article 323 A

of the Constitution which empowers the Central Government to set up by an Act of

Parliament, the Administrative Tribunals for adjudication of disputes and complains with

respective recruitment and conditions of service of persons appointed to the public services

and posts in connection with the Union and the States.

The Tribunals enjoy the powers of the High Court in respect of service matters of the

employees covered by the Act. They are not bound by the technicalities of the Code of Civil

Procedure, but have to abide by the Principles of Natural Justice. They are distinguished from

the ordinary courts with regard to their jurisdiction and procedures. This makes them free

from the shackles of the ordinary courts and enables them to provide speedy and inexpensive

justice.

The Act provides for the establishment of Central Administrative Tribunal and State

Administrative Tribunals. The CAT was established in 1985. The Tribunal consists of a

Chairman, Vice-Chairman and Members. These Members are drawn from the judicial as well

as the administrative streams. The appeal against the decisions of the CAT lies with the

Supreme Court of India.

Customs and Excise Revenue Appellate Tribunal (CERAT)

6 | P a g e

The Parliament passed the CERAT Act in 1986 The Tribunal adjudicate disputes,.

Complaints or offences with regard to customs and excise revenue. Appeals from the, orders

of the CERAT lies with the Supreme Court

Election Commission (EC)

The Election Commission is a tribunal for adjudication of matters pertaining to the allotment

of election symbols to parties and similar other problems. The decision of the commission

can be challenged in the Supreme Court.

Foreign Exchange Regulation Appellate Board (FERAB)

The Board has been set up under the Foreign Exchange Regulation Act, 1973. A person who

is aggrieved by an order of adjudication for causing breach or committing offences under the

Act can file an appeal before the FERAB.

Income Tax Appellate Tribunal

This tribunal has been constituted under the Income Tax Act, 196 1. The Tribunal has its

benches in various cities and appeals can be filed before it by an aggrieved persons against the

order passed by the Deputy Commissioner or Commissioner or Chief Commissioner or

Director of 1 n c o m e ' ~ a x . An appeal against the order of the Tribunal lies to the High

Court. An appeal also lies to the Supreme Court if the High Court deems fit.

Railway Rates Tribunal

This-Tribunal was set up under the Indian Railways Act, 1989. It adjudicates matters

pertaining to the complaints against the railway administration. These may be related to the

7 | P a g e

discriminatory or unreasonable rates, unfair charges or preferential treatment meted out by the

railway 'administration. The appeal against the order of the Tribunal lies with the Supreme

Court.

Industrial Tribunal

This Tribunal has been set up under the Industrial Disputes Act, 1947. It can be constituted by'

both the Central as well as State governments. The Tribunal looks into the dispute between

the employers and the workers in matters relating to wages, the period and mode of payment,

compensation and other allowances, hours of work, gratuity, retrenchment and closure of the

establishment. The appeals against the decision of the Tribunal lie with the Supreme Court.

SOME FEATURES OF TRIBUNALS OF INDIA

Jurisdiction and Power:

1. After the coming into force of Administrative Tribunals Act, 198510, all judicial remedies

save those of the Supreme Court under Art 2 and 136 have been abolished and the pending

proceeding before other courts stand transferred before the regional Administrative Tribunals

under s.29 of the Act.

2. Administrative Tribunal is competent to exercise all powers which the respective courts

had, including declaration as to constitutionality of relevant laws. In short, the jurisdiction of

the Tribunal is not supplementary but is a complete substitute of the High Courts and Civil

Courts.11

10 The Act was brought into force with effect from 2-10-1985. The Central Administrative Tribunals was set up on 1-11-1985. 11 Sampat Kumar, SP v. Union of India,(1987) 1 ATR 34 12

8 | P a g e

3. In view of s.14 of the Administrative Tribunal Act,1985, in case where the suit lay, the

employee will now have to seek his remedy by application under s.19 of the Act. Pending

suits shall stand transferred to the Administrative Tribunal having territorial jurisdiction under

section 29 of the Act12.

4. Section 29A (inserted in 1986) gives an appellant jurisdiction of the Central

Administrative Tribunal. Appeals from judgments of Civil Courts in suits relating to service

matter which are now governed by the A.T. Act shall lie to the Administrative Tribunals to the

exclusion of any other Civil Appellant Court or the High Court13. The central Administrative

Tribunal is the Tribunal constituted under Art.323-A of the Constitution and is expected to

have the same jurisdiction as that of High Court.14

5. Orders of the Central Administrative Tribunals are not open to challenge before the High

Court.

Sources of Tribunal’s Jurisdiction-

- Suit of proceeding transferred to it under s.29 of the Act

- S.19 deals with jurisdiction of entertaining original application relating to service

matters

- Appellant jurisdiction under s.29A

What the Administrative Tribunals can do-

1. Unconstitutionality of Law

(a) The tribunal can declare the unconstitutional a statute or subordinate legislation relating to

the dispute before it, which contravenes provisions of the constitution.

(b)Whether a body would be an „authority within the meaning of Art.12. ‟

12 Cf. Kaptan Singh v, UOI (1986) 4 SLR 545 (Del) 13UOI v. Deep Chand Pandey (1992) 4 SCC 432 14UOI v. K D Batish AIR 2006 SC 789 15

9 | P a g

e

In a case where enquiry has been dispensed with under the 2nd proviso to Art 311(2), the tribunal is competent to examine the legal jurisdiction for such dispensation.15

(c) It may decide question of law, including preliminary pleas in bar, e.g. limitation; non-

joinder of party; territorial jurisdiction of the tribunal; res judicata.

2. Procedure

(i) A Tribunal is not barred by the provisions of the Evidence Act.16 In order to discover the

truth, the Tribunal may resort to the inquisitional procedure, provided no principle of natural

justice is violated.

(ii) Tribunals shall be guided solely by the principles of natural justice unfettered by anything

in the CPC and shall have the power to regulate its own procedure.

(iii) A plea of violation of statutory provision can be taken before the Tribunal though not

taken in the petition.

(iv) It is competent to execute its own order, though the A.T Act has no specific provision in

this behalf.

3. Disciplinary matters:

The Tribunal is competent to go into the facts and set aside the order passed by a disciplinary

authority-

Where the conclusion arrived at is arbitrary or perverse.

On the other hand , the Tribunal will not interfere –

i. with the finding of facts of the enquiry officers where there was some evidence before him

on the basis of which he could reasonably come to the conclusion that the charges against the

petitioner were proved .

15 Om Prakash Pathak v. UOI (1986) 4 SLR 251 16G Mohanti v. UOI ATR (1987) 1 CAT 229 17

10 | P a g e

ii. with an order of rejection, by the Tribunal , of an application for reinstatement on the

grounds of inordinate and unexplained delay.

iii. There has been some difference of opinion amongst the tribunals as to how far, if at all,

they may interfere with the punishment awarded by a disciplinary authority

Likewise, Administrative Tribunals can perform other functions of Punishment,

Compulsory retirement, Interlocutory matters etc.

What the Administrative Tribunals cannot do-

However wide be the jurisdiction of the tribunal, it cannot exercise any jurisdiction of power

which no court could exercise, e.g.,-

(a) To question the ground of satisfaction of the President under Cl. (c) of the second proviso

to Art.311 (2) 17

(b) To go into the merits of an administrative determination in the absence of mala fides,

arbitrariness, colourable exercise of power or exercise of power without jurisdiction; or a

finding without any evidence at all.

(c) To overrule or by-pass decision of the High Court which are binding on it as precedents.

(d) Though, like the High Court or a Civil Court, an administrative Tribunal has jurisdiction

to make interim order in like circumstances.

17 Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State (2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: Provided further that this clause shall not apply

(c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry

11 | P a g

e

Appeal from Administrative Tribunal to Supreme Court:

1. Though the jurisdiction of High Court under Art 226 over service matter has been taken

over by the respective Administrative Tribunals Act 1985, the jurisdiction of the Supreme

Court over these Tribunals under Art.136 has been retained.

2. Appeals lies to the Supreme Court from orders of an Administrative Tribunal, by special

leave under Art 136, on the following grounds-

(i) Error of Law

(ii) Finding of the Tribunal being perverse.

(iii) The order of the Tribunal being without jurisdiction or ultra vires.

(iv) The order of the Tribunals being arbitrary or mala fide.

(v) The order of the Tribunal is such as would lead to grave injustice.

12 | P a g e

JUDICIAL INTERPRETATION

As mentioned earlier, the Administrative Tribunals Act was passed in 1985 under article

323A and section 28 of this Act provided for the exclusion of jurisdiction of all courts except

that of the Supreme Court under Article 13618. This fuelled a sudden spurt in the number of

cases that challenged the validity of the said legislation as well as that of the 42nd

Amendment that introduced Articles 323A and 323B in to the constitution. Some of the

prominent case in this regard is discussed below.

1. S.P.Sampath Kumar v. Union of India19

This is the first and perhaps the most important case in this period that attracted judicial

scrutiny in this area. The Constitution Bench in Sampath kumar was called upon to decide on

the main issue whether Section 28 of the Act was unconstitutional as it excludes judicial

review, which was contended as part of the basic structure of the constitution20. The Supreme

Court accepted without doubt that judicial; review is part of the basic structure. However the

Court went on to observe that the creation of alternate institutional mechanisms which were

as effective as the High Courts would not be violative of the basic structure. The

administrative Tribunals under the Act were recognized as effective substitutes of the High

Courts. This proved to be a shot in the arm of the proponents of tribunalisation. However the

Apex Court came down heavily on the procedure for appointing the Chairman of the

Tribunal. Section 6(1) (c) of the Act allowed a person who held the post of a Secretary to the

Government of India or an equivalent post t become the Chairman. Since these Tribunals

were to be substitutes of High Courts it is impermissible for bureaucrats to hold such a post.

Hence this provision was held to be unconstitutional. The Chairman should be a retiring or

retired Chief Justice of a High Court. Other members have to appointed by a committee

consisting of a sitting Judge of the Supreme Court. It was also suggested that the Chief

Justice of India has to consult while making these appointments. The Parliament accepted

these recommendations and now they find a place in the Act by way of the Administrative

Tribunals (Amendment) Act of 1986.

18 Joshi, K. C., Legal Status of Tribunals, IBR, Vol. 25 (2), 1998 19AIR 1987 SC 386 20During the pendency of the case, the Government gave an assurance to the Court that the Act would be amended so that the jurisdiction of the Supreme Court under Article 32 was not excluded. The Act was consequently amended after the decision. 21

13 | P a g e

2. Sambamurthy v. State of Andhra Pradesh21

It was held in this case that Article 371D (5) of the constitution, which was inserted by the

Constitution (32nd Amendment) Act,1973, was unconstitutional and void. This provision had

enabled the Government of Andhra Pradesh to modify or nullify any order of the

Administrative tribunal of that state. It was pointed out that such a provision was violative of

the basic structure as it made the tribunal not as effective as the High Court when it comes to

judicial review. Here the Court seems to be strictly adhering to the directive in Sampath

Kumar’s case that the administrative tribunals should be effective substitutes to the High

Court.

3. J.B.Chopra v. Union of India22

It was held that since the Administrative tribunals are meant to be substitutes of High Courts,

their power of judicial review extended to power as to decide on the constitutionality of

service rules.

However, soon we see a reversalof trend leading to a

lot of

confusion.

In M.B.Majumdar v. Union of India23 the

Supreme

Court refused

to

extend

the service

conditions and other benefits enjoyed by ordinary High Court judges to the members of these

Tribunals. Three years later, in R.K.Jain v. Union of India24, the Supreme Court opined that

these Tribunals could not be effective substitutes of High Courts under Articles 226 and 227.

We also find very clear expression of dissatisfaction of the apex court regarding the

functioning and effectiveness of Administrative Tribunals especially with regard to their

power of judicial review.

21 (1987) I SCC 386 22(1987) I SCC 422. 23(1990) 4 SCC 501. 24(1993) 4 SCC 119 25

14 | P a g e

4. Sakinala Harinath v. State of Andhra Pradesh25

In this case, the Andhra Pradesh High Court dropped a bomb shell by expressing serious

doubts about the wisdom of the learned Judges in Sampath Kumar’s case. The Full Bench

ruled that the ruling in the above case equating Administrative Tribunals to the High courts

with respect to their jurisdiction under Articles 226 and 227 was inconsistent with the apex

court s ruling in cases like ‟ Kesavanda Bharati v. State of Kerala26 and Indira Gandhi v. Raj

Narain27. It was pointed out that the constitutional courts could only exercise the power of

judicial review. Since the logic of alternative institutional mechanism propounded in Sampath

Kumar’s case does not fit in to this scheme, it is constitutionally impermissible. As a result

both Articles 323A(d) and section 28 of the Act were struck down as unconstitutional.

The judicial green signal given for tribunalisation given in Sampath Kumar can be seen to be

slowly fading because of the subsequent decisions.The confusion created by these conflicting

decisions ushered in the need for taking a second look at S.P. Sampath Kumar’s case. This

opportunity arrived when a three judge bench of the Supreme Court in L. Chandrakumar v.

Union of India28 decided to refer the matter to a larger bench. This eventually led to the

famous ruling of the Seven Judge Bench of the Supreme Court on L. Chandrakumar v. Union

of India, which is now the law of the land.

5. L. Chandrakumar’s Case

The important issues considered by the apex court were as follows:

1. Whether Art. 323A (2) (d) and Art.323B (3) (d) of the constitution which give the

power to the Union and State Legislatures to exclude the jurisdiction of all courts

except that of the Supreme Court under Art.136, is in accordance with the power of

judicial review embodied in Art.32 and 226.

25 1993 (2) An. W.R.484 (FB) 26(1973) 4 SCC 225 27AIR 1975 SC 2291 28AIR 1995 SC 1151 29

15 | P a g e

2. Whether the power of High Courts to exercise the powers of superintendence over the

subordinate judiciary under Articles 226 and 227 form part of Basic Structure.

3. The competence of the aforesaid tribunals to determine the constitutionality of any

law.

4. Whether the aforesaid tribunals are acting as affective substitutes to High Courts in

terms of efficiency.

It was held that the power of judicial review over legislative and administrative action is

expressly vested with the High Courts and the Supreme Court under Articles 226 and 32

respectively. The contention that the constitutional safeguards which ensure the independence

of the higher judiciary29 is not available to the lower judiciary and bodies such as Tribunals

was upheld and the Apex Court consequently held that the lower judiciary would not be able

to serve as effective substitutes to the higher judiciary in matters of constitutional

interpretation and judicial review. Hence the power of judicial review is vested in the higher

judiciary and the power of High Courts and the Supreme Court to test the constitutional

validity of legislative and administrative action cannot ordinarily be ousted. However it was

held that these tribunals and the lower judiciary could exercise the role of judicial review as

supplement to the superior judiciary. The court applied the provisions of Article 32(3) to

uphold the same.

29 In terms of qualifications, mode of appointment, tenure, mode of removal, etc.

16 | P a g e

ADVANTAGES OF ADMINISTRATIVE TRIBUNAL

Administrative adjudication is a dynamic system of administration, which serves, more adequately than any other method, the varied and complex needs of the modem society. The main advantages of the administrative tribunals are:

1) Flexibility

Administrative adjudication has brought about flexibility and adaptability in the judicial as

well as administrative tribunals. For instance, the courts of law exhibit a good deal of

conservatism and inelasticity of outlook and approach. The justice they administer may

become out of harmony with the rapidly changing social conditions. Administrative

adjudication, not restrained by rigid rules of procedure and canons of evidence, can remain in

tune with the varying phases of social and economic life.

2) Adequate Justice

In the fast changing world of today, administrative tribunals are not only the most

appropriated means of administrative action, but also the most effective means of giving fair

justice to the individuals. Lawyers, who are more concerned about aspects of law, find it

difficult to adequately assess the needs of the modem welfare society and to locate the

individuals place in it.

3) Less Expensive

Administrative justice ensures cheap and quick justice. As against this, procedure in the law

courts is long and cumbersome and litigation is costly. It involves payment of huge court

fees, engagement of lawyers and meeting of other incidental charges. Administrative

adjudication, in most cases, requires no stamp fees. Its procedures are simple and can be

easily understood by a layman.

4) Relief to Courts

The system also gives the much-needed relief to ordinary courts of law, which are already overburdened with ordinary suits.

17 | P a g e

DISADVANTAGES OF ADMINISTRATIVE TRIBUNALS

Even though administrative adjudication is essential and useful in modem day administration,

we should not be blind to the defects from which it suffers or the dangers it poses to a

democratic polity. Some of the main drawbacks are mentioned below.

(i) Administrative adjudication is a negation of Rule of Law. Rule of Law ensures equality

before law for everybody and the supremacy of ordinary law and due procedure of law over

governmental arbitrariness. But administrative tribunals, with their separate laws and

procedures often made by themselves, puts a serious limitation upon the celebrated principles

of Rule of Law.

(ii) Administrative tribunals have in most cases, no set procedures and sometimes they

violate even the principles of natural justice.

(iii) Administrative tribunals often hold summary trials and they do not follow any

precedents. As such it is not possible to predict the course of future decisions.

(iv) The civil and criminal courts have a uniform pattern of administering justice and

centuries of experience in the administration of civil and criminal laws have borne testimony

to the advantages of uniform procedure. A uniform code of procedure in administrative

adjudication is not there.

(v) Administrative tribunals are manned by administrators and technical heads who may not

have the background of law or training of judicial work. Some of them may not possess the

independent outlook of a judge.

18 | P a g e

STATUS AND WORKING OF TRIBUNALS IN INDIA

Tribunals are essentially those bodies of the Executive branch of the government who by

virtue of some statutory provision have the power and duty to act judicially in determining

disputes which come before it.30 Tribunals as stated earlier are distinct from the ordinary

courts of the land and as per Chandrakumar’s case they are not on par with the High Courts

but serve a supplemental function to the High Courts. They are therefore subject to the writ

jurisdiction of the superior judiciary and to the power of judicial review exercisable by the

superior judiciary. In most of the tribunals appeals from their decisions lie in the High Court

on substantial questions of law.

There are different types of tribunals in India, ranging from single member tribunals to multi-

member tribunals. Tribunals such as the Industrial tribunal may consist of one or more

members, and they can be appointed by the appropriate government. The chairman of the

tribunal is supposed to possess judicial qualifications and is supposed to be or have been a

judge of the High Court or a District judge or be qualified for appointment as a High Court

judge. The other members are expected to satisfy the prescribed requirements- which are to

ensure that the members are experts and will be able to speedily and effectively dispose of

matters. The procedure to be followed by the tribunal is prescribed by the Act and rules made

there under. Though the function of the tribunal is to adjudicate on the disputes it has only

some of the trappings of the court. It is not bound by strict rules of procedure and can take

decisions by exercising its discretion. While accepting the fact that such tribunals must work

towards furthering social justice, it has been held in J&K Iron and Steel Co. v. Mazdoor

Union 31that tribunal cannot act beyond the scope of the law. It can decide the dispute on the

basis of the pleadings and has no power to reach a conclusion without any evidence on

record. The tribunal is expected to hold the proceedings in public, follow fair procedure and

decide disputes impartially and independently.

All tribunals in India are arranged on the following basis:

a) Created by a statute

b) subject to the writ jurisdiction of the superior judiciary and to judicial review.

c) Manned by experts and persons with judicial experience.

30 Chakraverti, S., Administrative Law and Tribunals, 2nd edition, The Law Book Co. Ltd.: Allahabad 31 AIR 1956 SC 231

3219 | P a g

e

subject to the superintendence of the concerned High Court under Art.227

d) Decisions may be final or appealable within the tribunal or in certain cases to the High

Court.

appeals against orders of the tribunal may be heard by the Supreme Court by special leave

under Art. 136.

TRIBUNALS AND NATURAL JUSTICE:

Administrative tribunals must act openly, fairly and impartially. They must afford a

reasonable opportunity to the parties to represent their case and adduce evidence. Thus, in

State of U.P. v. Md. Nooh32 where the prosecutor was also an adjudcating officer and also in

Dhakeshwari Mills33where the tribunal did not disclose some evidence to the assessee which

was relied upon, the decisions were set aside.

In Union of India v. T.R. Verma34 the Supreme Court held the following to be part of natural

justice:

a) Party must be able to adduce all evidence being relied upon.

b) Evidence must be taken in the presence of both parties.

c) Must be given opportunity to cross- examine.

d) And no material must be relied upon without giving the party opportunity to explain the

evidence.

Tribunals are free to evolve their own method of procedure as long as they conform to the

principles of natural justice as outlined above.

32 AIR 1958 SC 86 33AIR 1955 SC154 34AIR 1957 SC 882 at 885 35

20 | P a g e

Tribunals are also expected to give reasoned decisions so as to introduce clarity, reduce

arbitrariness and reduce the scope of frivolous appeals. It also provides the supervisory

authority the opportunity to keep tribunals within bounds.

LET’S SUM UP

In view of the increasing role of administration in citizens' life, the administrative

tribunals are expected to play an important role in the redressal of citizens' grievances. In this

unit we have examined the nature of administrative tribunals and the various reasons for their

g o p i n g importance. Various types of administrative tribunals are set up in the country to

address various issues, such as, the adjudication of disputes and complaints of the public

servants, redressal of consumer disputes, industrial disputes, disputes pertaining to income

tax etc.

They provide greater flexibility in administering justice and provide relief to the courts. But at

the same time they suffer from some limitations as they sometimes violate the principles of

natural justice, lack uniform pattern of administering justice and also suffer from the lack of a

proper background on law or judicial work. However, with certain safeguards it is possible to

rectify some of these limitations. The administrative tribunals should have people with legal

training and experience. A code of judicial procedures should be devised and enforced for

their functioning.

21 | P a g e

CONCLUSION

In practice there are a number of tribunals functioning in the country. Very few of them, however, have been able to inspire confidence in the public. The tribunals have shown a singular lack of competence and objectivity in determining disputes. Another reason for their failure is the constitution of the tribunals and the method of appointment of the personnel. Persons with expertise and the right qualifications do not want to sit on these tribunals thus

leading to the unsatisfactory functioning of these tribunals.35 The uncertainty of tenure, unsatisfactory service conditions, interference by the executive and political interference have further impeded the proper development of tribunals in India. Tribunals are supposed to provide specialised adjudicatory services but the type of people appointed lack the requisite expertise and are on the tribunals merely because of political pressure and executive interference.

Tribunals are supposed to serve as alternative institutional mechanisms to high courts, they must therefore be able to inspire public confidence by proving themselves to be a competent and expert mechanism with a judicial and objective approach. In order to achieve this it is essential that members of the tribunal are equipped with adequate judicial acumen and expertise. These judicial officers need to be balanced with experts in the particular field. Only a judicious blend of the two will be able to provide an effective and result oriented tribunal system. Another important measure which needs to be taken are steps to maintain the independence of the members of these tribunals from political or executive interference. Just as the ordinary judiciary are protected from political control through security of tenure and through institutionalized methods of appointment ( through a selection committee comprising of the Chief Justice, Departmental secretaries, etc.) in order to further reduce the burden on the high courts the high courts must be divested of the supervisory jurisdiction over the tribunals. It is essential therefore that a single centralised nodal agency be established to oversee the functioning of the tribunals. Such a centralised umbrella organisation will ensure the independence of the tribunals in matters of tenure and funds.

Thus the overall picture regarding tribunalisation of justice in the country is far from satisfactory. A fresh look at the system of tribunals in India is required so as to ensure speedy justice and quick disposal of disputes arising out of administrative disputes which are essential for the development of the nation.

35 Sathe, S.P., Adminiostrative Law, 6th. Edn., Butterworths, New Delhi, 1999, pp. 245-252

22 | P a g e