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ACKNOWLEDGEMENT
I, SHUBHAM TRIPATHI, I feel myself highly elated, as it gives me tremendous pleasure to come
out with work on the topic ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA, I started
this project two weeks ago on its completion I feel that I have not only successfully completed it
but also earned an invaluable learning experience.
First of all I express my sincere gratitude to my Professor Dr.Gulab Rai who enlightened me
with such a wonderful and elucidating research topic. Without Him, I think I would have
accomplished only a fraction of what I eventually did. I thank him for putting his trust in me
and giving me a project topic such as this and for having the faith in me to deliver. His sincere
and honest approach have always inspired me and pulled me back on track whenever I went off-
track. Sir, thank you for an opportunity to help me grow. I also express my heartfelt gratitude to
staff and help for the completion of this project.
Next I express my humble gratitude to my parents for their constant motivation and selfless
support. I would thank my brother for guiding me.
I also express m y gratitude to all the class mates for helping me as and when required and must
say that working on this project was a great experience. I bow my head to the almighty for being
ever graceful to me.
SHUBHAM TRIPATHI
B.Com.LL.B (Hons.), 6th Semester
CONTENTS
INTRODUCTION
JUDICIAL INTERPRETATION
COVER UP
CONCLUSION
BIBLIOGRAPHY
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 welfarism led to an
increase in governmental functions and the executive saw in this a need to perform a number of
quasi- legislative and quasi- judicial functions, thus blurring the 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.
Tribunals are a Judgment seat; a court of justice; board or committee appointed to adjudicate on
claims of a particular kind1. The essence of the meaning of the word tribunal which can be
1
Thakker, C.K., Administrative Law, Eastern Book Company: Lucknow, 1996, p.226.
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ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA
culled out from the various Supreme Court authorities is that they are adjudicatory bodies
(except ordinary courts of law) constituted by the State and invested with judicial and quasi-
judicial functions as distinguished from administrative or executive functions2. Administrative
tribunals have emerged not only in India but also in many other countries with the objective of
providing a new type of justice - public good oriented justice. These tribunals manned by
technical experts, with flexibility in operations, informality in procedures have gained
importance in the adjudication process.
According to Seervai, the development of administrative law in a welfare state has made
administrative tribunals a necessity'.3 Administrative tribunals are authorities outside the
ordinary court system, which interpret and apply the laws when acts of public administration are
questioned in formal suits by the courts or by other established methods. They are not a court nor
are they an executive body. Rather they are a mixture of both. They are judicial in the sense that
the tribunals have to decide facts and apply them impartially, without considering executive
policy. They are administrative because the reasons for preferring them to the ordinary courts of
law are administrative reasons. The Supreme Court in Jaswant Sugar Mills v.Lakshmi Chand4
laid down the following characteristics or tests to determine whether an authority is a tribunal or
not:
Power of adjudication must be derived from a statute or statutory rule.
It must possess the trappings of a court and thereby be vested with the power to summon
witnesses, administer oath, compel production of evidence, etc.
Tribunals are not bound by strict rules of evidence.
They are to exercise their functions objectively and judicially and to apply the law and
resolve disputes independently of executive policy.
Tribunals are supposed to be independent and immune from any administrative interference in
the discharge of their judicial functions.
2
Ibid
3
Serwai ,HM, Constitutionsl law of India
4
AIR 1963 SC 677 at 687
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ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA
This project comprehensively deals with the all possible aspects regarding the tribunals in India.
An exhaustive research was done using secondary sources from books, articles and over the
internet. A comprehensive bibliography is provided at the end of this project.
In India such tribunals were set up immediately after independence. In fact, the most important
adjudicatory function is carried out by statutory tribunals created by the legislature to adjudicate
upon certain disputes arising from administrative decisions or to determine issues judicially.
5
Nayak,R., Administrative justice In India, Butterwoths : New Delhi, 1989, p.38
6
Jain,M.P., Principles of Administrative Law, Wadhwa & Company : Nagpur, 1996, pp.246-248
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ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA
The Railway Rates Tribunal, the Income Tax Appellate Tribunal, Labour Tribunals, the
Companies Tribunal, various Compensation Tribunals, Revenue Courts of various States, etc.,
can be cited as examples of such tribunals.7
Regarding the problem of backlog and delayed disposal of case the Government set up the
Administrative Reforms Commission in 1967. It was to examine the problem, suggests
solutions and also to recommend the suitable areas in which tribunals could be set up, according
to this commission The reasons for the growth of administrative tribunals are as follows:
1. Inadequacy of the traditional judiciary to effectively decide administration-related
matters especially when it came to technicalities.
2. The traditional judiciary was seen to be slow, costly and excessively procedural.
The Commission also recommended the establishment of independent tribunals in the following
areas:
Service matters and dispute of employees under the state
Orders of assessment on adjudication under Customs, Central Excise, Sales Tax and
orders under the Motor vehicles Act.
The main distinction that can be made out between article 323A and 323B is that while 323A
7
Supra n.1 at p.66
8
Tribunalisation in India http://legalsutra.org/1446/tribunalisation-in-india/ as on 16th
October, 2011.
allows for the Parliament to by law provide for administrative tribunals to adjudicate disputes,
323B allows for the any appropriate legislature, to by law create an administrative tribunal for
the adjudication of disputes.
Other aspects regarding administrative Tribunals are being discussed below different headings
and sub-headings.
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 State
Administrative Tribunals. The CAT was established in 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.
Industrial Tribunal
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 Tribunal looks into 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.
10
The Act was brought into force with effect from 2-10-1985. The Central Administrative Tribunals was set up on
1-11-1985.
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ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA
2. Administrative Tribunal is competent to exercise all powers which the respective courts had,
including declaration as to constitutionality of relevant laws. In short, the jurisdiction of the
Tribunal is not supplementary but is a complete substitute of the High Courts and Civil Courts.11
3. In view of s.14 of the Administrative Tribunal Act,1985, in case where the suit lay, the
employee will now have to seek his remedy by application under s.19 of the Act. Pending suits
shall stand transferred to the Administrative Tribunal having territorial jurisdiction under section
29 of the Act12.
4. Section 29A (inserted in 1986) gives an appellant jurisdiction of the Central Administrative
Tribunal. Appeals from judgement of Civil Courts in suits relating to service matter which are
now governed by the A.T. Act shall lie to the Administrative Tribunals to the exclusion of any
other Civil Appellant Court or the High Court13. The central Administrative Tribunal is the
Tribunal constituted under Art.323-A of the Constitution and is expected to have the same
jurisdiction as that of High Court.14
5. Orders of the Central Administrative Tribunals are nt open to challenge before the High
Court.
1. Unconstitutionality of Law
a. The tribunal can declare the unconstitutional a statute or subordinate legislation
11
Sampat Kumar, SP v. Union of India,(1987) 1 ATR 34
12
Cf. Kaptan Singh v, UOI (1986) 4 SLR 545 (Del)
13
UOI v. Deep Chand Pandey (1992) 4 SCC 432
14
UOI v. K D Batish AIR 2006 SC 789
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relating to the dispute before it, which contravenes provisions of the constitution.
b. Whether a body would be an authority within the meaning of Art.12.
c. 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.15
d. It may decide question of law, including preliminary pleas in bar, e.g. limitation;
non-joinder of party; territorial jurisdiction of the tribunal; res judicata.
2. Procedure
I. A Tribunal is not barred by the provisions of the Evidence Act. 16 In order to
discover the truth, the Tribunal may resort to the inquisitional procedure,
provided no principle of natural justice is violated.
II. Tribunals shall be guided solely by the principles of natural justice unfettered by
anything in the CPC and shall have the power to regulate its own procedure.
III. A plea of violation of statutory provision can be taken before the Tribunal though
not taken in the petition.
IV. It is competent to execute its own order, though the A.T Act has no specific
provision in this behalf.
3. Disciplinary matters:
The Tribunal is competent to go into the facts and set aside the order passed by a disciplinary
authority-
Where 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
against the petitioner were proved .
with an order of rejection, by the Tribunal , of an application for reinstatement on the
grounds of inordinate and unexplained delay.
15
Om Prakash Pathak v. UOI (1986) 4 SLR 251
16
G Mohanti v. UOI ATR (1987) 1 CAT 229
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There has been some difference of opinion amongst the tribunals as to how far, if at all,
they may interfere with the punishment awarded by a disciplinary authority
Though the jurisdiction of High Court under Art 226 over service matter has been taken
over by the respective Administrative Tribunals Act 1985, the jurisdiction of the Supreme
17
Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State
(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which
he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of
those charges Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such
penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to
give such person any opportunity of making representation on the penalty proposed: Provided further that this
clause shall not apply
(c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the
State, it is not expedient to hold such inquiry
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 13618. 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.
18
Joshi, K. C., Legal Status of Tribunals, IBR, Vol. 25 (2), 1998
19
AIR 1987 SC 386
20
During the pendency of the case, the Government gave an assurance to the Court that the Act would be
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ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA
become the Chairman. Since these Tribunals were to be substitutes of High Courts it is
impermissible for bureaucrats to hold such a post. Hence this provision was held to be
unconstitutional. The Chairman should be a retiring or retired Chief Justice of a High Court.
Other members have to appointed by a committee consisting of a sitting Judge of the Supreme
Court. It was also suggested that the Chief Justice of India has to consult while making these
appointments. The Parliament accepted these recommendations and now they find a place in the
Act by way of the Administrative Tribunals (Amendment) Act of 1986.
21
(1987) I SCC 386
22
(1987) I SCC 422.
23
(1990) 4 SCC 501.
24
(1993) 4 SCC 119
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review.
4. Sakinala Harinath v. State of Andhra Pradesh25
In this case, the Andhra Pradesh High Court dropped a bomb shell by expressing serious doubts
about the wisdom of the learned Judges in Sampath Kumars case. The Full Bench ruled that the
ruling in the above case equating Administrative Tribunals to the High courts with respect to
their jurisdiction under Articles 226 and 227 was inconsistent with the apex courts ruling in
cases like Kesavanda Bharati v. State of Keral26 and Indira Gandhi v. Raj Narain27. It was
pointed out that the constitutional courts could only exercise the power of judicial review. Since
the logic of alternative institutional mechanism propounded in Sampath Kumars case does not
fit in to this scheme, it is constitutionally impermissible. As a result both Articles 323A(d) and
section 28 of the Act were struck down as unconstitutional.
The judicial green signal given for tribunalisation given in Sampath Kumar can be seen to be
slowly fading because of the subsequent decisions.The confusion created by these conflicting
decisions ushered in the need for taking a second look at S.P. Sampath Kumars case. 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. This eventually led to the 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.
5. L. Chandrakumars Case
25
1993 (2) An. W.R.484 (FB)
26
(1973) 4 SCC 225
27
AIR 1975 SC 2291
28
AIR 1995 SC 1151
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subordinate judiciary under Articles 226 and 227 form part of Basic Structure.
The competence of the aforesaid tribunals to determine the constitutionality of any law.
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.
Adequate Justice
29
In terms of qualifications, mode of appointment, tenure, mode of removal, etc.
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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.
There are different types of tribunals in India, ranging from single member tribunals to multi-
member tribunals. Tribunals such as the Industrial tribunal may consist of one or more members,
and they can be appointed by the appropriate government. The chairman of the tribunal is
supposed to possess judicial qualifications and is supposed to be or have been a judge of the
High Court or a District judge or be qualified for appointment as a High Court judge. The other
members are expected to satisfy the prescribed requirements- which are to ensure that the
members are experts and will be able to speedily and effectively dispose of matters. The
procedure to be followed by the tribunal is prescribed by the Act and rules made there under.
Though the function of the tribunal is to adjudicate on the disputes it has only some of the
trappings of the court. It is not bound by strict rules of procedure and can take decisions by
exercising its discretion. While accepting the fact that such tribunals must work towards
31
furthering social justice, it has been held in J&K Iron and Steel Co. v. Mazdoor Union that
tribunal cannot act beyond the scope of the law. It can decide the dispute on the basis of the
30
Chakraverti, S., Administrative Law and Tribunals, 2nd edition, The Law Book Co. Ltd.: Allahabad
31
AIR 1956 SC 231
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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.
Appeals against orders of the tribunal may be heard by the Supreme Court by special leave under
Art. 136.
In Union of India v. T.R. Verma34 the Supreme Court held the following to be part of natural
justice:
Party must be able to adduce all evidence being relied upon.
Evidence must be taken in the presence of both parties.
Must be given opportunity to cross- examine.
32
AIR 1958 SC 86
33
AIR 1955 SC154
34
AIR 1957 SC 882 at 885
And no material must be relied upon without giving the party opportunity to explain the
evidence.
Tribunals are free to evolve their own method of procedure as long as they conform to the
principles of natural justice as outlined above.
Tribunals are also expected to give reasoned decisions so as to introduce clarity, reduce
arbitrariness and reduce the scope of frivolous appeals. It also provides the supervisory authority
the opportunity to keep tribunals within bounds.
COVER UP
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
goping importance. Various types of administrative tribunals are set up in the country to address
various issues, such as, the adjudication of disputes and complaints of the public servants,
redressal of consumer disputes, industrial disputes, disputes pertaining to income tax etc.
They provide greater flexibility in administering justice and provide relief to the courts. But at
the same time they suffer from some limitations as they sometimes violate the principles of
natural justice, lack uniform pattern of administering justice and also suffer from the lack of a
proper background on law or judicial work. However, with certain safeguards it is possible to
rectify some of these limitations. The administrative tribunals should have people with legal
training and experience. A code of judicial procedures should be devised and enforced for their
functioning.
CONCLUSION
In practice there are a number of tribunals functioning in the country. Very few of them,
however, have been able to inspire confidence in the public. The tribunals have shown a singular
lack of competence and objectivity in determining disputes. Another reason for their failure is
the constitution of the tribunals and the method of appointment of the personnel. Persons with
expertise and the right qualifications do not want to sit on these tribunals thus leading to the
unsatisfactory functioning of these tribunals.35 The uncertainty of tenure, unsatisfactory service
conditions, interference by the executive and political interference have further impeded the
proper development of tribunals in India. Tribunals are supposed to provide specialized
adjudicatory services but the type of people appointed lack the requisite expertise and are on the
tribunals merely because of political pressure and executive interference.
Tribunals are supposed to serve as alternative institutional mechanisms to high courts, they must
therefore be able to inspire public confidence by proving themselves to be a competent and
expert mechanism with a judicial and objective approach. In order to achieve this it is essential
that members of the tribunal are equipped with adequate judicial acumen and expertise. These
judicial officers need to be balanced with experts in the particular field. Only a judicious blend of
the two will be able to provide an effective and result oriented tribunal system. Another
important measure which needs to be taken are steps to maintain the independence of the
members of these tribunals from political or executive interference. Just as the ordinary judiciary
are protected from political control through security of tenure and through institutionalized
methods of appointment (through a selection committee comprising of the Chief Justice,
Departmental secretaries, etc.) in order to further reduce the burden on the high courts the high
courts must be divested of the supervisory jurisdiction over the tribunals. It is essential therefore
that a single centralised nodal agency be established to oversee the functioning of the tribunals.
Such a centralised umbrella organisation will ensure the independence of the tribunals in matters
of tenure and funds.
Thus the overall picture regarding tribunalisation of justice in the country is far from satisfactory.
35
Sathe, S.P., Adminiostrative Law, 6th. Edn., Butterworths, New Delhi, 1999, pp. 245-252
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A fresh look at the system of tribunals in India is required so as to ensure speedy justice and
quick disposal of disputes arising out of administrative disputes which are essential for the
development of the nation.
BIBLIOGRAPHY
BOOKS:
A.T. Markose: Judicial Control of Administrative Action in India, 1956, Madras Law
Journal Office, Madras.
A.V. Dicey, Introduction to the Study of the law of the Constitution, London, 1931.
Administrative Law Treatise, 1958 Vol.1.
Allen, Law and orders (1956).
Ashok Chanda, Indian Administration, London.
Basu, D.D., Administrative Law, Kamal Law House, Kolkata, Sixth Edition, 2004.
D.D.Basu, Criminal Procedure Code 1973, 3 rd ed.,(I), Asoke K. Ghosh, Prentice-Hall of
India Private Limited, M-97, Cannaught Circus, New Delhi-110001,1996
D.D.Basu, Indian Penal Code 1860, Asoke K. Ghosh, Prentice-Hall of India Private
Limited, M-97, Cannaught Circus, New Delhi-110001,1997
Jain and Jain, Administrative Law in India, 12 th edition, Eastern Book Company,
Lucknow
Leonord D. White, Public Administration, 1953.
Marshman, John Clark, The History of India, from the earliest period to the close Lord
Dalhousies administration, II, London: Longmans, Green, Reader and Dyer, 1867
P.M.Bakshis Constitution of India Seventh Edition, 2006, Universal Law Publishing Co.
Pvt. Ltd Delhi.
Takwani, C.K., Lectures On Administrative Law, Eastern Book Company, Lucknow,
2004
Upendra Baxi, Developments in Indian Administrative Law, Public Law in India (1982)
LAW JOURNALS
All India Reporter
All India Times
Criminal Law Journal
Delhi law Review.
Supreme Court Cases
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