Administrative Law -Cover Page-

DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

2019-20

ADMINISTRATIVE LAW

Project On Topic

“TRIBUNALISATION IN INDIA: AN ANALYSIS”

SUBMITTED TO SUBMITTED BY
DR. RAJNEESH KUMR YADAV NEHA KUMARI BIND
ASSTT. PROF. (LAW) ROLL NO. : 170101086
3 rd YEAR (5TH SEMESTER)
Administrative Law -Table of Contents-

TABLE OF CONTENTS

ACKNOWLEDGEMENT ............................................................................................................................. i
INTRODUCTION ........................................................................................................................................ 1
EVOLUTION OF TRIBUNAL SYSTEM IN INDIA .................................................................................. 2
ADMINISTRATIVE TRIBUNALS ACT, 1985 ...................................................................................... 3
TYPES OF ADMINISTRATIVE TRIBUNALS ...................................................................................... 4
1. Central Administrative Tribunal (CAT)............................................................................................ 4
2. Customs and Excise Revenue Appellate Tribunal (CERAT) ........................................................... 4
3. Election Commission (EC) ............................................................................................................... 4
4. Foreign Exchange Regulation Appellate Board (FERAB) ............................................................... 5
5. Income Tax Appellate Tribunal ........................................................................................................ 5
6. Industrial Tribunal ............................................................................................................................ 5
SOME FEATURES OF TRIBUNALS OF INDIA ...................................................................................... 5
WHAT THE ADMINISTRATIVE TRIBUNALS CAN DO ....................................................................... 6
i. Unconstitutionality of Law ............................................................................................................... 6
ii. Procedure .......................................................................................................................................... 6
iii. Disciplinary matters: ......................................................................................................................... 6
WHAT THE ADMINISTRATIVE TRIBUNALS CANNOT DO ............................................................... 7
APPEAL FROM ADMINISTRATIVE TRIBUNAL TO SUPREME COURT ........................................... 7
JUDICIAL INTERPRETATION ............................................................................................................... 7
1. S.P.Sampath Kumar v. Union of India.......................................................................................... 8
2. Sambamurthy v. State of Andhra Pradesh .................................................................................... 8
3. J.B.Chopra v. Union of India ........................................................................................................ 8
4. Sakinala Harinath v. State of Andhra Pradesh .............................................................................. 9
5. L. Chandra Kumar’s Case ............................................................................................................ 9
ADVANTAGES OF ADMINISTRATIVE TRIBUNAL ........................................................................... 10
DISADVANTAGES OF ADMINISTRATIVE TRIBUNALS .................................................................. 10
STATUS AND WORKING OF TRIBUNALS IN INDIA......................................................................... 11
CONCLUSION ........................................................................................................................................... 12
REFERENCES ............................................................................................................................................. ii
Administrative Law -Acknowledgement-

ACKNOWLEDGEMENT

The importance of research in Academics cannot be emphasized enough. While classroom

teaching helps a student with understanding the fundamental concepts of a subject, research

papers like this push one towards the detailed analysis of particular topics.

The fundamentals of my understanding of this topic were established with the classroom lectures

of Dr. Rajneesh Kumar Yadav, Assistant Professor (Law) at this University. He has since

guided me on this topic for which I am very grateful. I am also grateful to Dr. Madhu Limaye

Library, Dr. Ram Manohar Lohiya National Law University, Lucknow which provided me with

the required support both in the form of books and online database which has been of immense

value to this project.

This research was only built upon existing research of stalwarts in the field of law, parts of which

have been reproduced and duly cited. I am thankful to the authors of all such existing research.

Finally, I acknowledge the support of my peers, the blessings of my parents and the never

ending grace of the almighty which has been the driving force of everything good in my life

including this research paper.

i
Administrative Law -Tribunalisation In India: An Analysis-

INTRODUCTION

Welfare nature of government is the evolutionary goal of probably every kind of government
these days in this contemporary world. 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. Thus it was felt specialized 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 kind”1. The essence of the meaning of the word tribunal which can be
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 functions 2.

According to Servai, “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 Chand 4
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.

1
Thakker, C.K., Administrative Law, Eastern Book Company: Lucknow, 1996, p.226.
2
Ibid.
3
Serwai ,H.M., Constitutional Law of India.
4
AIR 1963 SC 677.
1
Administrative Law -Tribunalisation In India: An Analysis-

 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.

EVOLUTION OF TRIBUNAL SYSTEM IN INDIA

In India, administrative adjudication increased after independence and several welfare laws
were promulgated which vested the power on deciding various issues in the hands of the
administration. The modern Indian Republic was born a Welfare State and thus the burden on
the government to provide a host of welfare services to the people was immense. These quasi-
judicial powers acquired by the administration led to a huge number of cases with respect to
the manner in which these administrative bodies arrived at their decisions. The Courts held that
these bodies must maintain procedural safeguards while arriving at their decisions and observe
principles of natural justice-their opinions were substantiated by the 14 th Law Commission
Report5. In order to avoid clogging the judicial machinery with cases which would have arisen
by the operation of these new socio-economic legislations, a number of tribunals were
established by the government. The tribunals were established with the object of providing a
speedy, cheap and decentralised determination of disputes arising out of the various welfare
legislations6. Another important reason for the new development is that law courts, on account
of their elaborate procedures, legalistic fronts and attitudes can hardly render justice to the
parties concerned, in technical cases. Ordinary judges, brought up in the traditions of law and
jurisprudence, are not capable enough to understand technical problems, which crop up in the
wake of modem complex economic and social processes. Only administrators having expert
knowledge can tackle such problems judiciously. To meet this requirement, a number of
administrative tribunals have come into existence.

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.
2
Administrative Law -Tribunalisation In India: An Analysis-

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:
i. Inadequacy of the traditional judiciary to effectively decide administration-related
matters especially when it came to technicalities.
ii. 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:

i. Service matters and dispute of employees under the state.

ii. Orders of assessment on adjudication under Customs, Central Excise, Sales Tax and
orders under the Motor Vehicles Act.

Period of emergency played a crucial role in the evolution of tribunals in India. There were
clear signals that the executive did not want the judiciary to interfere with their developmental
plans and other such decisions. Such as removing disputes regarding elections to the office
of President, Prime Minister and Speaker of the Lok Sabha beyond judicial scrutiny7. Hence
in 1976 the issue was discussed at the Conference of Chief Secretaries and from amongst all
these discussions and the reports of the various bodies stated above, Parliament enacted the
42nd Constitution (Amendment) Act, 1976 inserting Articles 323A and 323B which provided
for the establishment of administrative and other tribunals to deal with the matters specifically
provided for.
ADMINISTRATIVE TRIBUNALS ACT, 1985
In pursuance of Art 323-A Parliament has passed the Administrative Tribunals Act, 1985
covering all matters falling within the clause (1) of Article 323- A. This Act authorises central
government to establish administrative tribunals for central services and on the application of
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

7
“Tribunalisation in India” http://legalsutra.org/1446/tribunalisation-in-india/ as on 16th October, 2011.
3
Administrative Law -Tribunalisation In India: An Analysis-

of State or joint Tribunals. The qualifications regarding that are laid down in the Act 8.

Other 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 as well as State Governments.
1. 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 323A 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.

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.
2. Customs and Excise Revenue Appellate Tribunal (CERAT)

The Parliament passed the CERAT Act in 1986. The Tribunal adjudicate disputes, complaints
or offences with regard to customs and excise revenue. Appeals from the orders of the CERAT
lies with the Supreme Court
3. Election Commission (EC)
The Election Commission is a tribunal for adjudication of matters pertaining to the allotment of
election symbols to parties and similar other problems. The decision of the commission can be
challenged in the Supreme Court.

8
Administrative Tribunals Act, 1985 http://cgat.gov.in/act.htm as on 18th Oct,2011.
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Administrative Law -Tribunalisation In India: An Analysis-

4. Foreign Exchange Regulation Appellate Board (FERAB)

The Board has been set up under the Foreign Exchange Regulation Act, 1973. A person who is
aggrieved by an order of adjudication for causing breach or committing offences under the Act
can file an appeal before the FERAB.
5. Income Tax Appellate Tribunal

This tribunal has been constituted under the Income Tax Act, 1961. The Tribunal has its
benches in various cities and appeals can be filed before it by an aggrieved person against the
order passed by the Deputy Commissioner or Commissioner or 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.
6. 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.

SOME FEATURES OF TRIBUNALS OF INDIA

i. After the coming into force of Administrative Tribunals Act, 19859, 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
Administrative Tribunals under S.29 of the Act.
ii. 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 Courts10.
iii. 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 Act11.
iv. 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

9
The Act was brought into force with effect from 2-10-1985. The Central Administrative Tribunals was set up on
1-11-1985.
10
Sampat Kumar, SP v. Union of India (1987) 1 ATR 34.
11
Cf. Kaptan Singh v. UOI (1986) 4 SLR 545 (Del).
5
Administrative Law -Tribunalisation In India: An Analysis-

Tribunals to the exclusion of any other Civil Appellant Court or the High Court 12. 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 13.
v. Orders of the Central Administrative Tribunals are not open to challenge before the High
Court.

WHAT THE ADMINISTRATIVE TRIBUNALS CAN DO

i. Unconstitutionality of Law
a) The tribunal can declare the unconstitutional a statute or subordinate legislation 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 2 nd proviso to Art 311(2),
the tribunal is competent to examine the legal jurisdiction for such dispensation 14.
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.

ii. Procedure
a) A Tribunal is not barred by the provisions of the Evidence Act 15. In order to discover
the truth, the Tribunal may resort to the inquisitional procedure, provided no principle
of natural justice is violated.
b) 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.
c) A plea of violation of statutory provision can be taken before the Tribunal though not
taken in the petition.

iii. 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 –
a) 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.
b) with an order of rejection, by the Tribunal, of an application for reinstatement on the
grounds of inordinate and unexplained delay.

12
UOI v. Deep Chand Pandey (1992) 4 SCC 432.
13
UOI v. K D Batish AIR 2006 SC 789.
14
Om Prakash Pathak v. UOI (1986) 4 SLR 251.
15
G Mohanti v. UOI ATR (1987) 1 CAT 229.
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Administrative Law -Tribunalisation In India: An Analysis-

c) 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.
WHAT THE ADMINISTRATIVE TRIBUNALS CANNOT DO

However wide be the jurisdiction of the tribunal, it cannot exercise any jurisdiction of power
which no court could exercise, e.g.-

a) To question the ground of satisfaction of the President under Cl. (c) of the second
proviso to Art.311 (2).

b) To go into the merits of an administrative determination in the absence of mala fides,

arbitrariness, colourable exercise of power or exercise of power without jurisdiction; or
a finding without any evidence at all.

c) To overrule or by-pass decision of the High Court which are binding on it as

precedents.

d) Though, like the High Court or a Civil Court, an administrative Tribunal has
jurisdiction to make interim order in like circumstances.

APPEAL FROM ADMINISTRATIVE TRIBUNAL TO SUPREME COURT

i. 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 Court over these Tribunals under Art.136 has been retained.
ii. Appeals lies to the Supreme Court from orders of an Administrative Tribunal, by special
leave under Art 136, on the following grounds-
a) Error of Law.
b) Finding of the Tribunal being perverse.
c) The order of the Tribunal being without jurisdiction or ultra vires.
d) The order of the Tribunals being arbitrary or mala fide.
e) 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 13616. This fueled a sudden spurt in the number of cases that
challenged the validity of the said legislation as well as that of the 42 nd Amendment that
introduced Articles 323A and 323B in to the constitution. Some of the prominent case in this
regard is discussed below.

16
Joshi, K. C., Legal Status of Tribunals, IBR, Vol. 25 (2), 1998.
7
Administrative Law -Tribunalisation In India: An Analysis-

1. S.P.Sampath Kumar v. Union of India17

This is the first and perhaps the most important case in this period that attracted judicial
scrutiny in this area. The Constitution Bench in Sampath Kumar was called upon to decide on
the main issue whether Section 28 of the Act was unconstitutional as it excludes judicial
review, which was contended as part of the basic structure of the constitution 18. The Supreme
Court accepted without doubt that judicial; review is part of the basic structure. However, the
Court went on to observe that the creation of alternate institutional mechanisms which were as
effective as the High Courts would not be violative of the basic structure. The administrative
Tribunals under the Act were recognized as effective substitutes of the High Courts. This
proved to be a shot in the arm of the proponents of tribunalisation. However, the Apex Court
came down heavily on the procedure for appointing the Chairman of the Tribunal. Section 6(1)
(c) of the Act allowed a person who held the post of a Secretary to the Government of India or
an equivalent post to 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.

2. Sambamurthy v. State of Andhra Pradesh19

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. The Court seems to be strictly adhering to the directive in Sampath Kumar’s
case that the administrative tribunals should be effective substitutes to the High Court.

3. J.B.Chopra v. Union of India20

It was held that since the Administrative tribunals are meant to be substitutes of High Courts,

17
AIR 1987 SC 386.
18
During the pendency of the case, the Government gave an assurance to the Court that the Act would be amended
so that the jurisdiction of the Supreme Court under Article 32 was not excluded. The Act was consequently
amended after the decision.
19
(1987) I SCC 386.
20
(1987) I SCC 422.
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Administrative Law -Tribunalisation In India: An Analysis-

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.

4. Sakinala Harinath v. State of Andhra Pradesh21

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 Kumar’s 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
court’s ruling in cases like Kesavanda Bharati v. State of Kerala22 and Indira Gandhi v. Raj
Narain23. 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
Kumar’s 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 Kumar’s case. This
opportunity arrived when a three judge bench of the Supreme Court in L. Chandra Kumar v.
Union of India24 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. Chandra Kumar v. Union of
India, which is now the law of the land.
5. L. Chandra Kumar’s Case

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
judiciary25 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.

21
(1993 (2) An. W.R.484 (FB).
22
(1973) 4 SCC 225.
23
AIR 1975 SC 2291.
24
AIR 1995 SC 1151.
25
In terms of qualifications, mode of appointment, tenure, mode of removal, etc.
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Administrative Law -Tribunalisation In India: An Analysis-

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:

i. 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
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.
ii. Adequate Justice
In the fast changing world 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 needs of the modem welfare society and to locate the individuals place in it.
iii. Less Expensive
Administrative justice ensures cheap and quick justice. Administrative adjudication, in most
cases, requires no stamp fees, procedures are simple and can be easily understood by a layman.
iv. 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.

i. Administrative adjudication is a negation of Rule of Law. The administrative tribunals,

with their separate laws and procedures often made by themselves, puts a serious
limitation upon the celebrated principles of Rule of Law.

ii. Administrative tribunals have in most cases, no set procedures and sometimes they
violate even the principles of natural justice.

iii. Administrative tribunals often hold summary trials and they do not follow any
precedents. As such it is not possible to predict the course of future decisions.

iv. The civil and criminal courts have a uniform pattern of administering justice and
centuries of experience in the administration of civil and criminal laws have borne
10
Administrative Law -Tribunalisation In India: An Analysis-

testimony to the advantages of uniform procedure. A uniform code of procedure in

administrative adjudication is not there.

v. Administrative tribunals are manned by administrators and technical heads who may
not have the background of law or training of judicial work. Some of them may not
possess the independent outlook of a judge.

STATUS AND WORKING OF TRIBUNALS IN INDIA

Tribunals are essentially those bodies of the Executive branch of the government who by virtue
of some statutory provision have the power and duty to act judicially in determining disputes
which come before it26. Tribunals as stated earlier are distinct from the ordinary courts of the
land and as per Chandrakumar’s case they are not on par with the High Courts but serve a
supplemental function to the High Courts. They are therefore subject to the writ jurisdiction of
the superior judiciary and to the power of judicial review exercisable by the superior judiciary.
In most of the tribunals appeals from their decisions lie in the High Court on substantial
questions of law.
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 furthering social justice, it has been held in J&K Iron and Steel Co. v. Mazdoor
Union27 that tribunal cannot act beyond the scope of the law. It can decide the dispute on the
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.

26
Chakraverti, S., Administrative Law and Tribunals, 2nd edition, The Law Book Co. Ltd.: Allahabad
27
AIR 1956 SC 231
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Administrative Law -Tribunalisation In India: An Analysis-

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 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 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. 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.

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Administrative Law -Tribunalisation In India: An Analysis-

REFERENCES

BOOKS REFERRED

1. Thakker, C.K., Administrative Law, Eastern Book Company: Lucknow, 1996.

2. Serwai ,H.M., Constitutional Law of India.
3. Jain,M.P. Principles of Administrative Law, Wadhwa & Company : Nagpur, 1996.

CASES CITED

1. Jaswant Sugar Mills v. Lakshmi Chand

2. S.P.Sampath Kumar v. Union of India
3. Sambamurthy v. State of Andhra Pradesh
4. J.B.Chopra v. Union of India
5. Sakinala Harinath v. State of Andhra Pradesh
6. L. Chandra Kumar’s Case

ARTICLES REFERRED

1. Live Law.in “India’s tryst with tribunalisation and transfer of judicial power to
regulatory bodies” September 15, 2019, available http://www.livelaw.in/indias-tryst-
tribunalisation-transfer-judicial-power-regulatory-bodies.
2. “Tribunalisation in India” http://legalsutra.org/1446/tribunalisation-in-india/ as on 16th
September, 2019.
3. Administrative Tribunals Act, 1985 http://cgat.gov.in/act.htm.

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