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Administrative Tribunals

Administrative Tribunals - Introduction

Last updated date: 31st Mar 2023
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Talking about Administrative Law, there is a specific term that has much significance in the sector. The word Tribunal basically refers to those adjudicatory bodies that tend to form outside the normal judicial system of the country. The judicial powers in our country are provided to the courts and the main aim here is to safeguard all the different rights of the citizens of the country. Administrative tribunals are nothing but a type of tribunals that specifically deals with the issues that occur from the public service and related conditions of the Union as well as the State Government. In order to create a proper judiciary system that has fewer complications, the creation of an administrative tribunal came to effect. 


Growth of Tribunal 

The constitution of the tribunals in India happened after the 42nd Amendment made to the Indian constitution that included the article 323A and 323B. Where Article 323A is said to deal with tribunals that deal with issues of public service only whereas Article 323B is said to deal with tribunals of other matters.  


The main objective of these tribunals was to ensure the proper handling of administrative issues and other matters. According to these important provisions made in the constitutions, the tribunals would be organized as well as established in an effective manner to ensure that there is no violation of the integrity maintained by the judiciary system of the country.


Another one of the main objectives of the tribunals in India act was to ensure that the jurisdiction of different High Courts was excluded in certain cases. The idea behind the establishment of the tribunals was to lower the burden that high courts had with the cases. Hence, tribunals can be regarded as a particular section of the criminal and the civil court under the Supreme Court of India. The administrative tribunals don’t really come under the category of judicial bodies as well. Hence, they are also known as quasi-judicial bodies. 


About Administrative Tribunals

  • Administrative Tribunal Act, 1985 was said to be passed by the Parliament of India.

  • Its origin lies in Article 323A.

  • It is said to take care of the complaints related to the service as well as conditions of the service with respect to the Union as well as the States. 

  • This Act provides three types of administrative tribunals:

    • Central Administrative Tribunal

    • State Administrative Tribunal

    • Joint Administrative Tribunal

  • Administrative tribunals are said to be established by the Parliament only.

  • Under this Act, the Parliament has established the CAT ie. Central Administrative Tribunal.

  • The Parliament can establish such tribunals for state as well on their request and is some state requests for a combine tribunal, a joint tribunal can also be established by the Parliament.


Characteristics of Administrative Tribunals In India 

Mentioned below are the different attributes that the administrative tribunals have in order to separate them from the ordinary high courts. 

  • There must be a statutory origin of an administrative tribunal. Hence, they need to be created by some statutes. 

  • They will have certain but not all features of the high courts. 

  • They will perform the judicial and quasi-judicial functions and are bound to provide judicial justice to the people. 

  • These tribunals are not properly adhered to different strict rules that consist of procedure and evidence. 

  • These bodies are independent in nature and will not be subjected to any form of administrative interference while discharging the judicial and quasi-judicial functions. 

  • The administrative tribunals need to abide by different principles related to a natural form of justice. 

  • The tribunals in Indian constitution possess the power of the high court and hence can summon the witnesses as well as administer oaths along. These tribunals also have control over the production of different documents as well. 


Difference Between Court and Tribunal  

The difference between the court and the tribunal is given below:

Courts

Administrative Tribunals

It is a part of the traditional system of justice. 

It is an agency that is formed by a particular statute that has judicial powers.

Deals with general jurisdiction.

It has limited jurisdiction while deciding about particular issues.

A court is bound strictly by different rules regarding the procedure and evidence according to the Code of Civil Procedure. 

There are no such bindings in the case of administrative tribunals.

An officer who is an expert of the law presides in the court.

There is no such requirement for the presiding person to be an expert in the law. 

The nature of the court’s decisions is objective and is based on evidence and materials of proof.

The nature of the decision in the case of administrative tribunals is subjective. 

Court has a deciding vote regarding legislation. validity.

Legislation validity cannot be decided by the administrative tribunal.


The Administrative Tribunal Act

The Parliament passed the Act in 1985. This provided for the different matters that were falling under the cause of the administrative tribunal article, 323A. The main idea behind the act was to create a central administrative tribunal for the centers and the state administrative tribunal for the states at every single level. The administrative tribunal has the competency to declare the different statutes and laws that are relevant to the constitution in a very efficient and effective manner. However, the state of Jammu and Kashmir is excluded from the administrative tribunal list. 


There are some main objectives behind the creation and establishment of this particular act. Here are some of the objectives of the Act of Administrative Tribunals that was created in the year 1985. The creation of the administrative tribunal happened to provide some sort of relief to the congestion caused in high courts due to an increasing number of cases. The goal here was to lower the pressure and burden that the officials of the high court felt due to an increase in the cases. Also, another one of the objectives behind the establishment of the administrative tribunal was to dispose of the disputes regarding the service issues in a fast manner.


Conclusion

Thus, in this article we have covered basic information of the Tribunal. These tribunals act as a helping hand for the existing judiciary system of the country. Where there are a lot of cases pending in the high courts, tribunals help them in order to reduce the burden. The important point that you need to remember is that Administrative Tribunals' origin is lied in Article 323A which leads to the Administrative Tribunal Act, 1985 and these tribunals are related to the public service.

FAQs on Administrative Tribunals

1. What is a tribunal? What is the purpose of establishing the tribunal?

According to the Indian constitution, the tribunals are statutory bodies that tend to have quasi-judicial and judiciary rights in the country. These bodies have a very important role to play in matters of service related to the country. The tribunals have the function of assisting in the important matters of the centers and states of the country. The main idea behind the creation as well as the establishment of the tribunal was to ensure that the burden on high courts due to the increase in cases could be reduced in an efficient way and the pressure on the court officials could be reduced as well. 

2. What do you mean by administrative tribunal?

The administrative tribunals are a kind of tribunals of which origin lies in Article 323A of the Constitution of the country and for this Administrative Tribunal Act was established by the parliament in 1985. These are special tribunals which are established to resolve disputes and complains of the public service as well as conditions of the service. These kind of tribunals are said to be established by the parliament only.

3. What is the difference between court and tribunal?

When it comes to the administrative tribunals in India, there is no doubt that these tend to have almost the same powers as the high courts of the country. However, there are some stark differences between these two judiciary bodies. First of all, the courts tend to have an objective nature of the decision that is bound by the evidence and the materials of proof. The administrative tribunals don’t have such bindings. High courts tend to follow the traditional system used in justice while the administrative tribunals are formed on the basis of statutes. Apart from that, the courts are restricted by the Code of Civil Court while administrative tribunals don’t have such restrictions.