Professional Documents
Culture Documents
Submitted to:
Dr. Sridevi P
Assistant Professor of Law
Submitted by:
Permanika Chuckal
VIth Semester
2012075
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ACKNOWLEDGMENT
I would like to express my special appreciation and thanks to my advisor, my Faculty , who
has been a tremendous mentor for me. I would like to thank you for encouraging my research,
advice for the research has been priceless.
I would extend my thanks to the University Authorities, for providing me with is opportunity
to submit my project. I am indebted to all those who have helped me in developing this
project for their suggestion and guidance.
Permanika Chuckal
2012075
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TABLE OF CONTENTS
Research Methodology
5
6
7
9
11
12
14
15
16
18
19
Introduction
Evolution of Tribunal System in India
Types of Administrative Tribunals
Features of Tribunals in India
Appeal from Administrative Tribunal to Supreme Court
Judicial Interpretation
Advantages of Administrative Tribunal
Disadvantages of Administrative Tribunal
Status and Working in India
Conclusion
Bibliography
1.
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RESEARCH METHODOLOGY
Aims and Objective:
The researcher aims to study the evolution of administrative tribunal system in India taking
into account its types, features, advantages, disadvantages and also its status and working in
India. It also aims to study its Judicial Interpretation.
Nature of Project:
This project is descriptive as well as analytical in nature, with special emphasis having being
supplied to analysis.
Sources of Data:
The sources of data used for this project are secondary in nature. A host of leading textbooks
relating to Administrative Law will be referred to. Case reporters like Supreme Court Cases,
All India Reporter, and Criminal Law Journal etc will be used.
Scope and Limitation:
Administrative law determines the organization, powers and duties of administrative
authorities. The emphasis of Administrative Law is on procedures for formal adjudication
based on the principles of Natural Justice and for rule making.
Methodology: The researcher uses both analytical and descriptive methods in presenting the
project.
Sources: Only secondary sources of data are used.
Mode of citation: A uniform mode of citation is used
Hypothesis: Administrative law specifies the rights and liabilities of private individuals in
their dealings with public officials and also specifies the procedures by which those rights
and liabilities can be enforced by those private individuals. It provides accountability and
responsibility in the administrative functioning.
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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 welfares led to an increase in governmental functions and the executive saw in this a need
to perform a number of quasi- legislative and
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
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.4Other aspects regarding administrative Tribunals are being discussed below different
headings and sub-headings.
TYPES OF ADMINISTRATIVE TRIBUNALS
There are different types of administrative tribunals, which are governed by the statues, rules,
and regulations of the Central Government a sell 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
established 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.
benches
by
in
be
filed
before
it
an
aggrieved
Chief Commissioner or Director of income tax. 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
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
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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 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:
After the coming into force of Administrative Tribunals Act, 1985 5, 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
5 The Act was brought into force with effect from 2-10-1985. The Central Administrative Tribunals
was set up on 1-11-1985
6 Sampat Kumar, SP v. Union of India,(1987) 1 ATR 34
7 Cf. Kaptan Singh v, UOI (1986) 4 SLR 545 (Del)
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A of the Constitution and is expected to have the same jurisdiction as that of High
Court.8
Orders of the Central Administrative Tribunals are nt open to challenge before the
High Court.
service matters.
Appellant jurisdiction under s.29A
Unconstitutionality of Law
relating to the dispute before it, which contravenes provisions of the constitution.
Whether a body would be an authority within the meaning of Art.12.
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.9
It may decide question of law, including preliminary pleas in bar, e.g. limitation;
nonjoinder of party; territorial jurisdiction of the tribunal; res judicata.
Procedure
A Tribunal is not barred by the provisions of the Evidence Act. 10 In order to discover
the truth, the Tribunal may resort to the inquisitional procedure, provided no principle
anything in the CPC and shall have the power to regulate its own procedure.
A plea of violation of statutory provision can be taken before the Tribunal though not
taken in the petition.
It is competent to execute its own order, though the A.T Act has no specific provision
in this behalf.
Disciplinary matters:
The Tribunal is competent to go into the facts and set aside the order passed by a disciplinary
authorityWhere the conclusion arrived at is arbitrary or perverse. On the other hand , the Tribunal will
not interfere
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
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Error of Law
Finding of the Tribunal being perverse.
The order of the Tribunal being without jurisdiction or ultra vires.
The order of the Tribunals being arbitrary or mala fide.
The order of the Tribunal is such as would lead to grave injustice.
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 13611. 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.
Sambamurthy v. State of Andhra Pradesh
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 Kumars
case that the administrative tribunals should be effective substitutes to the High Court.12
J.B.Chopra v. Union of India
It was held that13 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 reversal of trend leading to a lot of confusion. In
M.B.Majumdar v. Union of India14 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 India15, the Supreme Court opined that these
11 Joshi, K. C., Legal Status of Tribunals, IBR, Vol. 25 (2), 1998
12 (1987) I SCC 386
131987) I SCC 422.
14 1990) 4 SCC 501
15( 1993) 4 SCC 119
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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.
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.
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.
L. Chandrakumars Case
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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.
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.
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:
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
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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.
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.
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.
Relief to Courts
The system also gives the much-needed relief to ordinary courts of law, which are already
overburdened with ordinary suits.
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.
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Administrative tribunals often hold summary trials and they do not follow any
of
experience
in
the
administration of
civil and
criminal
laws
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:
Created by a statute
subject to the writ jurisdiction of the superior judiciary and to judicial review.
Manned by experts and persons with judicial experience.
subject to the superintendence of the concerned High Court under Art.227
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.
21 AIR 1958 SC 86
22 AIR 1955 SC154
23 AIR 1957 SC 882 at 885
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CONCLUSION
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 groping importance. Various types of administrative tribunals are set
up
in the
country to address various issues, such as, the adjudication of disputes and
legal training and experience. A code of judicial procedures should be devised and enforced
for their functioning.
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BIBLIOGRAPHY
Books Referred
Chakraverti, S., Administrative Law and Tribunals, 2nd edition, The Law Book Co. Ltd.:
Allahabad
Joshi, K. C., Legal Status of Tribunals, IBR, Vol. 25 (2), 1998
Jain,M.P., Principles of Administrative Law, Wadhwa & Company : Nagpur, 1996
Websites referred
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