Administrative tribunals – structure, jurisdiction, procedure, powers
In the pre-independence era, the law makers already felt the need of some less complex benches or bodies who work with less technicalities. The motive of setting up these bodies is to give accessibility and speedy justice to the citizens. In India, judicial powers are vested with the courts with higher complexities which aims to safeguard the rights of the citizens, but then the judicial powers delegated to make it accessible and also delineate the court from overburdening themselves, this gives the scope to administrative tribunals to came up in the existence which are less complex are made with the view to give speedy trial.
Administrative tribunals hold the quasi-judicial features, which means they look like they are judicial but they are not. Moreover, they are statutory bodies came in existence by the way of any statute. But after the drafting of the Indian Constitution, people get the right of speedy trial which was not possible by the way of existing judicial system i.e. judiciary which is already overburdened and has a lot of complexities and technicalities in procedure, then the need of the administrative tribunals was clear and that was not a matter which lawmakers can ignore in any circumstances.
Tribunals can not be categorized es civil or criminal but they are the parts of both the courts under supremacy of Supreme Court of India. But on the other side, tribunals also can not be categorized as judicial or administrative body, it neither exclusively judicial nor administrative, it lies between both of the which gives a “quasi judicial” status to the administrative tribunals.
Characteristics of Administrative tribunals:-
- body judicature could be a creation of a statute.
- Associate in nursing body judicature is unconditional within the judicial power of the State and thereby performs quasi-judicial functions as distinguished from pure administrative functions.
- it’s needed to act brazenly, fairly and impartially.
- Associate in Nursing body judicature is not bound by the strict rules of procedure and proof prescribed by the civil procedure court.
Structure of Administrative tribunals:-
Tribunals aren’t merely pragmatic devices to resolve disputes between individual and state however comprise a crucial position inside a broader constitutional structure. The structure of the executive tribunals has been mentioned within the Act. It is explicit that every judicature shall carries with it a boss and also the such range of Judicial and and legal qualifications predominate. however not solely legal qualifications, however it’s additionally necessary to own alternative qualifications that ar required for heading a judicature that has relevancy to every of the cases.
For example, if the case is said to social science, commerce, etc. it’s essential to be versed in it. The assorted statutes offer for absolutely the power of the govt to appoint members of the tribunals from amongst people that fulfil the wants. The Act states that the Chairman should be a private WHO is or has been a decide of supreme court or if he has been a vice-chairman of the judicature.
In reference to the tenure, the statutory provisions vary. And in most cases, the govt will decide the tenure, during a few cases the age of retirement or the most age up to that someone may be appointed or a set amount of five years with restrictions on reappointment are given. The discretion to terminate the services of a member of tribunals is additionally given to the govt (exception is that the Monopolies Commission). These statutes so make sure that enough independence has been given to the tribunals for his or her functioning.
Jurisdiction of Administrative tribunals:-
Central Administrative tribunal- it’s jurisdiction to deal with service matters pertaining to the Central Government staff or of any Union Territory, or native or alternative government underneath the management of the govt of Asian country, or of an organization owned or controlled by the Central Government.
State Administrative tribunals- it carries with it varied forms of Tribunals, a number of them ar as follows:-
Water dispute tribunals-The Parliament has enacted Inter-State watercourse Water Disputes (ISRWD) Act, 1956 have shaped various Water Disputes Tribunal for judgement of disputes with reference to waters of inter-State watercourses and river valleys therefrom.
Armed Forces Tribunals- it’s provided the facility for the judgement or trial by AFT of disputes and complaints with reference to commission, appointments, enrolments and conditions of service in respect of persons subject to the Army Act, 1950, The Navy Act, 1957 and also the Air Force Act, 1950.
National Green tribunal-The National atmosphere Tribunal Act, 1995 and National atmosphere proceedings Authority Act, 1997 were found to be inadequate giving rise to demand for an establishment to modify environmental cases a lot of with efficiency and effectively.
Procedure of administrative tribunals:-
Under the executive Tribunals Act 1985 it’s explicit that:-
1. A judicature shall not be sure by the procedure arranged down within the Code of Civil Procedure 1908 (5 of 1908), however shall be guided by the principles of natural justice and subject to the opposite provisions of this Act and of any rules created by the Central Government, the judicature shall have the facility to manage its own procedure together with the fixing of places and times of its inquiry and set whether or not to sit down publicly or in camera.
2. PA judicature shall decide each application created thereto as efficiently as doable and normally, each application shall be selected a reading of documents and written representations and once hearing such oral arguments as could also be advanced.
Powers of administrative tribunals:-
The Jurisdiction, Powers and Authority of courts is mentioned in Chapter III of the Act and states that the Central body Tribunal, from the day of its appointment, all the jurisdiction, powers and authority exercisable before that day by all courts (except supreme court) in respect to –
(a) achievement and matters regarding achievement to any All-India Service or to any government officials or post of the Union, defence post or service being, in either case, a post stuffed by a civilian;
(b) all service matters regarding a member of any All-India Service; or someone appointed to any government officials of the Union or any civil post below the Union; or a civilian appointed to any defence services or a post connected with defence,
(c) all service matters touching on service in reference to the affairs of the Union regarding someone appointed to any service or post that are placed by a regime or any native or different authority or any corporation, society or different bodies, at the disposal of the Central Government.
Similarly for the State body tribunals, the State shall exercise power on achievement and repair matters associated with civil services or posts, that come back below the State or any native or different authority that comes below the regime.
In the Act with regard to powers with the Tribunals it’s declared that for the needs of discharging its functions below the Act, the Tribunals can have a similar powers kind of like those unconditional with a civil court that is below the Code of Civil Procedure, 1908, whereas the trial of a suit is in progress in reference to the matters as follows:
i. the invocation and implementing of the group action of people and their examination on oath,
ii. the need of the invention and production of documents,
iii. Receiving proof on affidavits,
iv. The requisition of any public record or document or copy of such record or document from any workplace with subject to the Sections 123 and 124 of the Indian proof Act, 1872,
v. issuance commissions for the examination of witnesses or documents,
vi. Reviewing its selections,
vii. The dismissal of illustration for default or ex-parte call,
viii. Setting aside of such associate order that’s pink-slipped or determined ex-parte,
ix. the other matters prescribed by the Central Government.
Author: Riddhi Agrawal,
Amity University, GWALIOR 3rd year
