ADMINISTRATIVE REFORMS AND TRIBUNALS
Administrative Tribunals:
"Administrative Tribunals are to provide for the adjudication or trial 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 and for matters connected therewith or incidental thereto."
Definition of Administrative Tribunal:
"Administrative Tribunals are to provide for the adjudication or trial 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 and for matters connected therewith or incidental thereto."
Definition of Administrative Tribunal:
An administrative Tribunal is a multi member body to hear on cases filed by the staff members alleging non-observation of their terms of service or any other related matters and to pass judgments on those cases.
The Administrative Tribunals Act, 1985 provides for three types of tribunals:
1. The Central Government establishes an administrative tribunal called the Central Administrative Tribunal (CAT), which has jurisdiction to deal with service matters pertaining to the Central Government employees, or of any Union Territory, or local or other government under the control of the Government of India, or of a corporation owned or controlled by the Central Government.
The Administrative Tribunals Act, 1985 provides for three types of tribunals:
1. The Central Government establishes an administrative tribunal called the Central Administrative Tribunal (CAT), which has jurisdiction to deal with service matters pertaining to the Central Government employees, or of any Union Territory, or local or other government under the control of the Government of India, or of a corporation owned or controlled by the Central Government.
2. The Central Government may, on receipt of a request in this behalf from any State Government, establish an administrative tribunal for such State employees.
3. Two or more States might ask for a joint tribunal, which is called the Joint Administrative Tribunal (JAT), which exercises powers of the administrative tribunals for such States.
Background and Significance of the Administrative Tribunals Act, 1985:
• Critical analysis has been made by the researcher of Article 323-A, in the light of which the Administrative Tribunals Act, 1985 had been enacted.
• The researcher has discussed in apt length the various aspects in regards to which the constitutionality of the Administrative Tribunals Act, 1985, had been challenged.
• The legislative intent behind the enactment of the Administrative Tribunals Act, 1985
the Amendment (the Constitution Forty- second Amendment Act, 1976) made two changes:
1. It took away power of superintendence of High Courts over administrative tribunals which they possessed under Article 227 of the Constitution.
Background and Significance of the Administrative Tribunals Act, 1985:
• Critical analysis has been made by the researcher of Article 323-A, in the light of which the Administrative Tribunals Act, 1985 had been enacted.
• The researcher has discussed in apt length the various aspects in regards to which the constitutionality of the Administrative Tribunals Act, 1985, had been challenged.
• The legislative intent behind the enactment of the Administrative Tribunals Act, 1985
the Amendment (the Constitution Forty- second Amendment Act, 1976) made two changes:
1. It took away power of superintendence of High Courts over administrative tribunals which they possessed under Article 227 of the Constitution.
2. After Part XIV, it inserted Part XIV-A (Articles 323-A and 323-B) by enabling Parliament to constitute administrative tribunals for the purposes specified therein.
Constitutional Validity of the Administrative Tribunals Act, 1985- Soon after the enactment of Part XIV- A of the Constitution of India, 1950 several issues had been raised challenging the validity of the enactment particularly in the light of Article 323- A (2) (d) and Article 323- B (3) (d), of the Constitution of India, 1950.
Section 28 of the Administrative Tribunals Act, 1985 also became an issue of critical review. Reviewing this situation in particular, the researcher has made efforts to understand the efficacy of the 42nd Amendment Act of the Constitution in the light of the necessary case-laws.
Objective:
The Statement of Objects and Reasons accompanying the Constitutional Amendment Bill by which Article 323-A was sought to be inserted in the Constitution states the following words:
“To reduce the mounting arrears in the High Courts and to secure the speedy disposal of service matters… it is considered expedient to provide for administrative tribunals for dealing with such matters while preserving the jurisdiction of the Supreme Court in regard to such matters under Article 136 of the Constitution".
Characteristics of Administrative Tribunals:
The following are the characteristics of an administrative tribunal:
1. An administrative tribunal is the creation of a statute and thus, it has a statutory origin.
2. It has some of the trappings of a court but not all.
3. An administrative tribunal is entrusted with the judicial powers of the State and thus, performs judicial and quasi-judicial functions, as distinguished from pure administrative or executive functions and is bound to act judicially.
4. Even with regard to procedural matters, an administrative tribunal possesses powers of a court; for example, to summon witnesses, to administer oath, to compel production of documents, etc.
5. An administrative tribunal is not bound by strict rules of evidence and procedure.
6. The decisions of most of the tribunals are in fact judicial rather than administrative in as much as they have to record findings of facts objectively and then to apply the law to them without regard to executive policy. Though the discretion is conferred on them, it is to be exercised objectively and judicially.
7. Most of the administrative tribunals are not concerned exclusively with the cases in which Government is a party; they also decide disputes between two private parties,
e.g. Election Tribunal, Rent Tribunal, Industrial Tribunal, etc. On the other hand, the Income Tax Tribunal always decides disputes between the Government and the Assesses.
8. Administrative Tribunals are independent and they are not subject to any administrative interference in the discharge of their judicial or quasi-judicial functions.
9. The prerogative writs of certiorari and prohibition are available against the decisions of administrative tribunals.
The Franks Committee, in its Report (1957) has proclaimed three fundamental objectives:
1. Openness
2. Fairness; and
3. Impartiality
The Division Bench analysed the Constitution Bench’s decision to arrive at the conclusion that:
“The Administrative Tribunal being a substitute power of the High Court had the necessary jurisdiction, power and authority to adjudicate upon all disputes relating to service matters including the power to deal with all questions pertaining to the Constitutional validity or otherwise of such laws as offending Articles 14 and 16(1) of the Constitution.”
Article 323- A: Administrative Tribunals
• 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 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.
• A law made under clause (1) may
(a).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
(b).specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals
(c).provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals
(d).exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under Article 136, with respect to the disputes or complaints referred to in clause (1);
(e).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;
(f).repeal or amend any order made by the President under clause (3) of Article 371 D
(g).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.
“To reduce the mounting arrears in the High Courts and to secure the speedy disposal of service matters… it is considered expedient to provide for administrative tribunals for dealing with such matters while preserving the jurisdiction of the Supreme Court in regard to such matters under Article 136 of the Constitution".
Characteristics of Administrative Tribunals:
The following are the characteristics of an administrative tribunal:
1. An administrative tribunal is the creation of a statute and thus, it has a statutory origin.
2. It has some of the trappings of a court but not all.
3. An administrative tribunal is entrusted with the judicial powers of the State and thus, performs judicial and quasi-judicial functions, as distinguished from pure administrative or executive functions and is bound to act judicially.
4. Even with regard to procedural matters, an administrative tribunal possesses powers of a court; for example, to summon witnesses, to administer oath, to compel production of documents, etc.
5. An administrative tribunal is not bound by strict rules of evidence and procedure.
6. The decisions of most of the tribunals are in fact judicial rather than administrative in as much as they have to record findings of facts objectively and then to apply the law to them without regard to executive policy. Though the discretion is conferred on them, it is to be exercised objectively and judicially.
7. Most of the administrative tribunals are not concerned exclusively with the cases in which Government is a party; they also decide disputes between two private parties,
e.g. Election Tribunal, Rent Tribunal, Industrial Tribunal, etc. On the other hand, the Income Tax Tribunal always decides disputes between the Government and the Assesses.
8. Administrative Tribunals are independent and they are not subject to any administrative interference in the discharge of their judicial or quasi-judicial functions.
9. The prerogative writs of certiorari and prohibition are available against the decisions of administrative tribunals.
The Franks Committee, in its Report (1957) has proclaimed three fundamental objectives:
1. Openness
2. Fairness; and
3. Impartiality
The Division Bench analysed the Constitution Bench’s decision to arrive at the conclusion that:
“The Administrative Tribunal being a substitute power of the High Court had the necessary jurisdiction, power and authority to adjudicate upon all disputes relating to service matters including the power to deal with all questions pertaining to the Constitutional validity or otherwise of such laws as offending Articles 14 and 16(1) of the Constitution.”
Article 323- A: Administrative Tribunals
• 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 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.
• A law made under clause (1) may
(a).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
(b).specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals
(c).provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals
(d).exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under Article 136, with respect to the disputes or complaints referred to in clause (1);
(e).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;
(f).repeal or amend any order made by the President under clause (3) of Article 371 D
(g).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.
• The provisions of this Article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for time being in force.
Important Facts to Remember:
1. A new part ' XIV-A Tribunals' was added to the constitution by the 42nd Constitution Amendment Act of 1976.
2. The New part XIV-A (14-A) has two articles
a. Article 323A
b. Article 323B
3. Article 323A - deals with Administrative Tribunals
4. Article 323B - Deals with tribunals for other purposes.
5. Central Administrative Tribunal was established in 1985.
6. CAT has a principle bench at Delhi and 17 other regular benches.
7. The Chairman and members of both the Central Administrative Tribunal and State Administrative Tribunals are appointed by the President.
8. Tenure of CAT
a. For Chairman of CAT - term of 5 years or 68 Years of Age.
b. For other members of CAT - term of 10 years or 65 Years of Age.
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