TRIBUNALS

PART XIVA (ART 323A – 323B)

Tribunals Quasi-Judicial Body

Tribunals

• Functions resemble that of court of law.
  -Conducting hearings
  -Making findings of facts
  -Applying governing laws
  -Drawing conclusions

Tribunals	Regular Courts
Authorities outside the ordinary court system which interpret and apply the laws when acts of govt are challenged through formal suits or other established methods.	Controlled fact finding followed by controlled application of laws

FEATURES

• Tribunals are quasi-judicial bodies.
• It is not a court of law, but enjoys some of the powers of a civil
  court.
• Generally free from rules of Indian Evidence Act, 1872 & Code
  of Civil Procedure, 1908.
• It can review its own decisions.
• Bound by the principles of natural justice.

Factors

• Increasing technicality of governance. E.g. NGT, TDSAT, etc.
• To provide inexpensive & quick justice.
• To provide relief to ordinary courts

Tribunals in India

• Constitutional Position – Art 136, 227
• Provisions – Part XIVA: Art 323A, 323B
• Art 323A – Tribunals for administrative matters
• Art 323B – Tribunals for other matters

Administrative Tribunals Act, 1985

• Provides for
• Central Administrative Tribunals (CAT) at central level
• State Administrative Tribunals (SAT) at state level
• Joint Administrative Tribunals (JAT) for 2 or more states
• Purpose – Deal with disputes/complaints w.r.t.
  recruitments and conditions of services of civil
  servants.

Composition

• Chairperson
• Vice Chairperson
• Judicial Members
• Administrative Members

Qualification

• Chairman – Former/sitting Judge of H C
• Judicial member – Former/sitting Judge of HC or
  Secretary (GoI) (at least 2 years)/Add. Secretary (at least
  5 years) in the Department of Legal Affairs.
• Administrative member – Secretary (GoI/GoS)
  for at least 2 years or Add. Secretary for at
  least 5 years.

Appointment:

• By President in consultation with CJI/Governor
  Term of Office:
• C p – 5yrs/68 yrs.; Members – 5 yrs./65 yrs.
  Conditions of Service:
• Same as H C judge
  Removal:
• By President after enquiry by S C

L. Chandra Kumar judgment’97

• Awards of tribunals created
  under Art 323A, 323B – Subject to judicial review of
  HCs and SC.

Advantages

• Flexibility of procedure
• Provide efficiency in dispensing justice due to cost and
  time effectiveness.
• Unburdening of judiciary
• Specialisation through expert involvement

Problems in working of Tribunals

• Delays in disposal of disputes
• Violation of separation of powers
• Independence compromised
• Allegations of corruption
• Vacancies – Delays in appointments
• Lack of infrastructure

Tribunals Reforms Act 2021

• It dissolves certain existing appellate bodies and
  transfers their functions (adjudication of appeals) to
  other existing judicial bodies. (High Courts). E.g.,
  -Airport Appellate Tribunal
  -Appellate Board (under the Trademarks Act’99)
  -Authority of Advanced Ruling
  -Film Certification Appellate Tribunal etc.

Appointment of Chairpersons & Members

• Will be done by a search cum selection committee consisting of:
  -Chairperson – CJI/Supreme Court Judge (with casting vote)
• -2 Secretaries nominated by the central government
  -Sitting/outgoing Chairperson, or a retired Supreme Court Judge, or a
  retired Chief Justice of a High Court
  – Secretary of the Ministry under which the Tribunal
  is constituted (with no voting right).
• The committee should forward 2 names for each
  post and the government would take a decision
  ‘preferably’ within 3 months.

Conditions for Members

• Minimum age for being appointed Cm/Member = 50 yrs.
• Term of office:
• Chairperson – 4 years/70 years (whichever is earlier).
• Members – 4 years/67 years (whichever is earlier).
• Eligible for reappointment
  Note: The provisions w.r.t. tenure & minimum
  age which were introduced via Ordinance were
  struck down by S C (July’2021).

Issues

• Short tenure of members along with provisions of reappointment increases the influence and control of
  the Executive over the judiciary.
• The provision of minimum age of 50 years forms a
  part of restrictive qualifications.
• Abolishing certain existing appellate bodies and
  transferring their functions to HCs may further
  increase the disposal time for cases.
  Note: The S C is yet to decide whether the Tribunals Reforms
  Act, 2021 is unconstitutional for re-enacting provisions that
  were struck down in Madras Bar Association’21 for violating
  the independence of the judiciary.