Administrative Tribunal

What is the meaning of Tribunal in administrative law?
Tribunal refers to the administrative tribunals lying outside the sphere of the judiciary. In India, the courts must promote justice and protect the rights of the people. Therefore, to make the system more effective, powers were delegated to the administrative tribunals to perform the Quasi-judicial functions.

How did the concept of tribalization come into existence?
The first Tribunal in India came into existence before India’s independence, it was the income tax appellate Tribunal. After attaining independence, India felt a strong need for speedy justice. It was with this motive that tribunals came into existence. The constitution of India guarantees the people of the country the right to speedy trial which was not possible under the existing judicial system all the courts were already overburdened with cases. All these factors give rise to administrative tribunals.

Formation of administrative tribunals.
Article 323a and 323b included in part XIV-A introduced by the 42nd amendment in the Indian Constitution lay down the provisions according to which the terminals may not violate the judicial integrity while excluding the high court’s jurisdiction under article 226 and 227 and supreme courts jurisdiction under article 136.

General characteristics of administrative tribunals

• The administrative tribunals must have a legal origin.
• It is the responsibility of performing judicial functions and is bound by them in every circumstance.
• It should have some features of ordinary courts.
• They are not bound to act strictly according to any procedure or rules.
• They are independent in performing their functions without any interference from the administration.
• They should abide by the principles of natural justice.
• They must be impartial and fair.
• The decisions made by the administrative tribunals can be opposed by the prerogative writs of certiorari and prohibition.

Kinds of Administrative Tribunals
The administrative tribunals are dealt with an article 323A and 323 B deals with the tribunals for other matters like land reforms taxation, the ceiling on urban property, rent and tenancy rights, foodstuffs, foreign exchange, import, and export, etc.

• Article 323A deals with matters regarding recruitment and conditions of the service of State and Central government servants, government employees of the local or other authorities.
• Article 323B deals with the complaints related to collection and enforcement of any tax, supply, and distribution of foodstuffs, industrial and labor disputes, industrial and labor disputes; production, procurement, etc.

The Administrative Tribunals Act, 1985.

• According to the Administrative Tribunals Act, 1985, there must be a Central Administrative Tribunal for the Centre and a State Administrative Tribunal for every state. The Act extends to the whole of India.
• Section 2 of the Administrative Tribunals Act, 1985, provides that the act applies to all Central Government employees. The exceptions are listed below-
• The members of the military, airforce, and navy.
• The servants or officers of the Supreme or High courts.
• The secretariat staff of the Houses of the Parliament.

Qualifications for appointment of members of tribunals
Section 6 of the Administrative Tribunals Act, 1985, lays down the qualifications for appointing the members of tribunals.

• Chairman-
  • is or was a high court judge
  • Has been the vice chairman for two years at least.
  • Has been a secretary to the Indian Government.
  • Has held any other post carrying the same pay scale.
• Vice-chairman
  • Is or was a High court judge
  • Was a Secretary to the Government of India for at least two years or held any other post carrying the same pay scale
  • Has been the Additional Secretary to the Government for at least five years or held any other post carrying the same pay scale.
• Judicial members-
  • Is or was a High court judge
  • Has been a member of Indian legal services
  • held a post in Grade I of the service for not less than three years.
• Administrative members
  • Has been Additional Secretary to the Government or held any other post carrying the same pay scale.
  • Has been Joint Secretary to the Government of India or held any other post carrying the same pay scale.
  • Has sufficient administrative experience.
• Period of office
  • Section 8 of the Act lays down that-
  • Vice-Chairman and other members shall hold the office for five years
  • The Chairman or Vice-Chairman can hold the office till 65years of age.
  • Other members can hold the office till 62 years of age.
• Removal and resignation
  • Section 9 of the Act lays down the procedure of resignation and removal of the members of the tribunal.
  • The Chairman, Vice-Chairman, or other members may resign by writing to the president.
  • They shall be removed only by the President in case of misbehavior after informing about the charges.
• Advantages of administrative tribunal
  • Flexibility
  • Adequate justice
  • Less expensive
  • Relief to courts
• Disadvantages of administrative tribunal
  • Administrative adjudication negates the rule of law.
  • Administrative tribunals sometimes while it even the principles of natural justice.
  • Administrative tribunals sometimes follow summary trials and do not follow any precedents.