TRIBUNALS

Polity

Constitutional Background

• Tribunals were not part of the original Constitution.
• Added by 42nd Constitutional Amendment Act, 1976.
• New Part XIV-A inserted based on Swaran Singh Committee.
• Article 323-A: Administrative Tribunals.
• Article 323-B: Tribunals for other matters.
• Work on principles of natural justice; not bound by CPC.
• Members drawn from judicial & administrative backgrounds.
• Chairpersons often accorded status of High Court judges.
• Have powers like civil courts: issuing summons, taking evidence.
• Decisions are legally binding, subject to appeal.

Difference between Articles 323-A and 323-B
Article 323-A (Administrative Tribunals)
• Deals only with service matters of public servants.
• Can be established only by Parliament.
• One tribunal for Centre; one for each state or combined for multiple states.
• No hierarchy of tribunals.

Article 323-B (Other Tribunals)
• Related to taxation, land reforms, urban ceiling, elections, food, rent control, etc.
• Both Parliament and State Legislatures can create these tribunals.
• Hierarchy of tribunals possible.

CENTRAL ADMINISTRATIVE TRIBUNAL (CAT)
• Established in 1985 under Article 323-A.
• Principal Bench: New Delhi; multiple benches in states.
• Original jurisdiction: recruitment and service matters of Central government employees.
• Covers: All-India Services, Central Civil Services, Civilians in Defence Services.
• Excludes: Defence forces, SC employees, Parliamentary staff.

Composition & Appointment
• Multi-member body: Chairman + Judicial & Administrative Members.
• Appointed by President.
• Selection Committee: Chaired by a SC judge nominee of CJI.
• Appointment after approval of Cabinet Committee on Appointments (headed by PM).

Tenure
• Chairman: 5 years or until 65 years.
• Members: 5 years or until 62 years.

Procedure
• Not bound by CPC.
• Guided by principles of natural justice.
• Flexible and less formal.

Appeals
• SC held: Appeals lie before Division Bench of concerned High Court → then SC.

STATE ADMINISTRATIVE TRIBUNALS (SATs)
• Established by states under Administrative Tribunals Act, 1985.
• Original jurisdiction: Recruitment & service matters of state employees.
• Chairman & Members appointed by President in consultation with Governor.
• SATs existed in AP, Odisha, HP, Karnataka, MP, Maharashtra, Tamil Nadu, West Bengal, Kerala.

ADMINISTRATIVE TRIBUNALS – FEATURES
• Statutory bodies with quasi-judicial functions.
• Must act judicially, fairly, impartially.
• Not bound by strict rules of civil procedure or evidence.
• Intended to reduce burden on regular courts.

Court of Law vs Tribunal – Comparison

Court of Law
• Part of traditional judicial system.
• Judges independent of executive.
• Can decide constitutionality of laws.
• Bound by CPC & Evidence Act.
• Headed by legally trained judges.
• Decisions strictly objective and evidence-based.

Tribunal
• Created by statute; quasi-judicial.
• Members’ service conditions controlled by executive.
• Cannot decide vires of legislation.
• Not bound by technical procedure; follows natural justice.
• Head may not be legally trained.
• Decisions may consider departmental policy.

TRIBUNAL REFORMS: Rules 2020
• Issued under Section 184 of Finance Act, 2017.
• Apply to 19 tribunals (excluding Foreigners Tribunals).
• Appointments made by Central Government on recommendation of Search-cum-Selection Committee.

Search-cum-Selection Committee Composition
• CJI or nominee (Chair).
• Tribunal Chairperson/President.
• Two Secretaries of concerned ministries.

Key Provisions
• Committee can recommend removal & conduct inquiries.
• Only persons with judicial/legal experience eligible.
• Fixed 4-year term for members.
• Reappointment clause removed.

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