What is Tribunal -
- It is type of quasi judicial body (a type of court ) to examine and decide a particular dispute.
- In India originally there was no provision of Tribunals in our constitution.
- 42nd constitutional amendment act 1976 added Part XIV-A and Article 323A and Article 323 B which deals with tribunal.
- It was added on the recommendations of Swarn Singh
Article 323 A-
- This article deals with Administrative tribunals and it provides that Parliament has a power to make laws and rules related to administrative tribunals.
It has a following provisions-
Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to -
- Recruitment and conditions of service of persons appointed to public services and
- Posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government.
Parliament may -
- Provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States.
- Specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals.
- Provide fhe procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals.
- Exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to the disputes or complaints.
- Provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment.
- Repeal or amend any order made by the President under clause (3) of article 371D.
- Contain such supplemental, incidental and consequential provisions (including provisions as to fees) as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.
Article 323 B-
It deals with Tribunals for other matters and have following provisions-
- They can be established both by Parliament and state legislatures with respect to matters falling within their legislative competence.
The matters that can be referred to these tribunals are as follows-
(a) levy, assessment, collection and enforcement of any tax;
(b) foreign exchange, import and export across customs frontiers;
(c) industrial and labour disputes;
(d) land reforms by way of acquisition by the State of any estate as defined in Article 31A or of any rights therein or the extinguishment or modification of any such rights or by way of ceiling on agricultural land or in any other way;
(e) ceiling on urban property;
(f) elections to either House of Parliament or the House or either House of the Legislature of a State, but excluding the matters referred to in Article 329 and Article 329A;
(g) production, procurement, supply and distribution of foodstuffs (including edible oil seeds and oils) and such other goods as the President may, by public notification, declare to be essential goods for the purpose of this article and control of prices of such goods;
| Article 323 A | Article 323 B |
| Contemplates the establishment of tribunals for public service matters onl | Contemplates the establishment of tribunals for certain other matters. E.g. tax, utility services |
| Tribunals under this article can be established only by Parliament and not by state legislatures | Tribunals under this article can be established both by Parliament and state legislatures with respect to matters falling within their legislative competence. |
| Only one tribunal for the Centre and one for each state or two or more states may be established. | Can be multiple |
| No question of the hierarchy of tribunals arises. | A hierarchy of tribunals may be created. |
Central Administrative Tribunal-
- The Central Administrative Tribunal had been established under Article 323 -A of the Constitution for adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other authorities under the control of the Government.
- It was formed in 1985.
- It has the principle bench at Delhi and additional benches in different states.
Composition-
- It is a multi member body consisting of Chairman and members.
- Originally there was post of Vice-chairman but at present there is no such post.
- A Chairman should be a sitting or retired Judge of a High Court
Term of Office-
Chairman–
- For 5 years or until they attain the age of 65 years, whichever is earlier.
Members –
- For 5 years or until they attain the age of 62 years, whichever is earlier
In November 2020, the Court specified that selection committees of tribunals should consist of:
(i) the Chief Justice of India or his nominee (with a casting vote),
(ii) the presiding officer of the tribunal or a retired Supreme Court judge or Chief Justice of High Court in case the presiding officer is not a judicial member or if he is seeking re-appointment,
(iii) Secretary to the Ministry of Law and Justice,
(iv) Secretary to central government from non-parent Ministry, and
(v) Secretary from parent Ministry (without a vote)
State Administrative tribunals-
- The Administrative Tribunals Act of 1985 empowers the Central government to establish the SATs on specific request of the concerned state governments.
- It deals with matters related to recruitment and all service matters of state government employees.
Appointment -
- The chairman and members of the SATs are appointed by the president after consultation with the governor of the state concerned.
Difference between court and Tribunal-
| Courts | Tribunal |
| A court is vested with general jurisdiction over all the matters. | It deals with service matters and is vested with limited jurisdiction to decide a particular issue |
| It is strictly bound by all the rules of evidence and by the procedure of the Code of Civil Procedure | It is not bound by the rules of the Evidence Act and the CPC unless the statute which creates the tribunal imposes such an obligation |
| It is presided over by an officer expert in the law | It is not mandatory in every case that the members need to be trained and experts in law. |
| It can look into and decide the validity of legislation | It cannot decide the validity of legislation |
| They are completely judicial in nature | Tribunals can have judicial as well have administrative function |
Advantages and Disadvantages of Tribunals
Advantages of Administrative tribunals-
- It helps to remove the burden from our main judicial system.
- It provides flexibility in judicial system.
- Helps to decrease the tendency time of the cases.
- It is less expensive as comparison to normal judicial system
Disadvantages of Tribunals-
- Limited scope of Tribunals.
- There is lack of specified procedures.
- Expertness and experience of legal experts is lacking in tribunals.
- Diversion of work of our judicial system ,which affects sanctity of our judicial system.
- The administrative tribunals somewhere restrict the ambit of the rule of law by providing separate laws and procedures for certain matters.