4.
4 Administrative Tribunals, Advantages and Disadvantages of
Tribunal Justice System Administrative Tribunal Act 1985- Procedure
and powers of Administrative Tribunal, Constitutional validity of
administrative tribunals.
Administrative tribunals are specialized courts, established by the
government to hear and decide disputes concerning administrative law.
They are autonomous bodies, separate from the ordinary judicial system,
tasked with ensuring the application and enforcement of laws, policies and
regulations.
Their primary focus is to provide an efficient and just resolution of disputes
arising from decisions made by government agencies.
Characteristics of Administrative Tribunals
Specialization: Administrative tribunals handle specific types of disputes
related to administrative law. They possess specialized knowledge and
expertise in the field they govern.
Flexibility: Unlike traditional courts, administrative tribunals can adopt
informal procedures to adjudicate cases. This allows them to resolve disputes
in a more efficient and timely manner.
Accessibility: Administrative tribunals are often more accessible to the
general public than traditional courts, both in terms of costs and procedural
complexities.
Speed: The goal of administrative tribunals is to provide speedy justice.
Their streamlined procedures are designed to resolve cases more quickly
than traditional courts.
Adjudicatory and Advisory Functions: In addition to adjudicating
disputes, some administrative tribunals also have advisory roles, providing
expert opinions on complex administrative matters.
Types of Administrative Tribunals
Tax Tribunals: Tax tribunals are an essential part of the financial regulatory
system, dealing specifically with disputes arising from tax laws and
regulations.
Employment Tribunals: Employment tribunals are key institutions in the
labour sector, designed to provide an accessible, less formal, and cost-
effective avenue for settling disputes between employers and employees.
Immigration Tribunals: They handle a diverse array of cases related to
immigration laws, such as visa applications, asylum requests, deportation
orders, and citizenship disputes.
Environment Tribunals: These bodies oversee disputes related to
environmental regulations and laws, ranging from pollution, conservation,
land use, to issues about natural resources.
Telecom Tribunals: In the digital age, telecom tribunals have a crucial role
to play. They handle disputes related to telecommunications laws and
regulations, ensuring fair competition, consumer protection, and the efficient
use of radio frequencies.
Advantages of Administrative Tribunals
• Expertise: Administrative tribunals are designed to handle specific types
of cases. This specialization provides them with a profound understanding
and competence in their respective areas of law, leading to more informed
and effective decisions and provide sufficient administrative acts and fair
justice to all. They have their experts in the panel who specialise in a
particular area like labour law, wages etc.
• Efficiency: With more informal and flexible procedures, administrative
tribunals can often resolve disputes more quickly than traditional courts. This
ability to deliver timely justice is one of their most significant advantages.
( Speedy justice )
• Accessibility: Administrative tribunals are generally more accessible to
the public than traditional courts, providing a more affordable and less
intimidating venue for dispute resolution. They offer flexibility when
compared to ordinary courts.
• Advisory Role: Besides resolving disputes, some administrative tribunals
also perform advisory roles, providing expert opinions to government bodies
on complex matters of administrative.
• They offer relief to the ordinary courts that are already over-burdened
courts with various suits.
Disadvantages of Administrative Tribunals
• Lack of Formality: The informal procedures adopted by administrative
tribunals can sometimes lead to inconsistencies in decision- making and may
compromise procedural fairness.
• Limited Appeal Rights: In some instances, there are limited
opportunities for appeal against the decisions of administrative tribunals.
This can be a disadvantage for parties who feel the tribunal’s decision was
unjust.
• Over Specialisation: While the specializations of administrative tribunals
is an advantage, it can also lead to a lack of understanding of broader legal
principles, potentially causing an imbalance in the legal landscape.
Most judges do not enjoy the same independence as enjoyed by the
judges and the executives of the courts.
The administrative tribunals are handled by the individuals like the
administrators and technical heads who may have no experience or
training in judicial proceedings.
Constitutional validity of administrative tribunals.
Pursuant to Article 323A, the Parliament enacted the Administrative Tribunals
Act, 1985 to provide for the establishment of Administrative Tribunals.
Establishment of administrative tribunals for the Union and a separate
Administrative Tribunal for a State or a Joint Administrative Tribunal for two or
more States.
Purpose of establishment -for 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 any corporation or society owned
or control by the Government.
The objective for setting up of Administrative Tribunal is to provide speedy
and inexpensive justice to the employees on their grievances relating to
service matters. Rules have been framed for smooth implementation of
provisions of the Administrative Tribunals Act, 1985.
The judicial remedies under articles 32(5 writs for enforcement of
fundamental rights), 226(High Court shall have powers to issue orders or
writs) and 227(Every High Court shall have superintendence over all courts
and tribunals throughout the territories in relation to which it exercises
jurisdiction) are now available against the decisions of all tribunals
constituted under articles 323A .
But article 136 (SLP) is not available. The main purpose of the same is to
reduce pressure and burden on the high court and the lower judiciary
Administrative Tribunal Act 1985- Section 22. Procedure and
Powers of Tribunals. –
(1)A Tribunal shall not be bound by the procedure laid down in the Code of
Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles
of natural justice and subject to the other provisions of this Act and of
any rules made by the Central Government, the Tribunal shall have
power to regulate its own procedure including the fixing of places and
times of its inquiry and decided whether to sit in public or in private.
(2)A tribunal shall decide every application made to it as expeditiously as
possible and ordinarily every application shall be decided on a perusal
of documents and written representations and after hearing such oral
arguments as may be advanced.
(3)A Tribunal shall have, for the purposes of discharging its functions
under this Act, the same powers as are vested in a civil court under the
Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect
of the following matters, namely:
(a) Summoning and enforcing the attendance of any person and
examining him on oath;
(b)Requiring the discovery and production of documents;
(c) receiving evidence on affidavits,
(d)Subject to the provisions of section 123 and 124 of the Indian
Evidence Act, 1872 (1 of 1872), requisitioning any public record
or document or copy of such record or document from any office;
(e) issuing commissions for the examination of witnesses or,
documents
(f) reviewing its decisions;
(g)dismissing a representation for default or deciding it ex parte;
(h)setting aside any order of dismissal of any representation for
default or Any order passed by it ex parte; and
(i) any other matter which may be prescribed by the Central
Government.
