Administrative Tribunals

rules, regulations, or decisions. These tribunals are established with the objective of providing a specialized forum for the resolution of disputes arising within their purview.

Example

-National Green Tribunal (NGT), it deals with cases relating to environment protection and conservation.

-Income Tax Appellate Tribunal (ITAT), it examines disputes relating to income tax assessments and appeals.

-Central Administrative Tribunal (CAT), it is related disputes of central government employees that involve recruitment, promotion, and disciplinary matters.

Characteristics of Administrative Tribunals.

i. Quasi-Judicial Nature:

They are the tribunals with quasi-judicial functions, empowered to examine disputes, conduct hearings, and reach decisions legally based on proof or evidence presented. While their activities are more or less like court procedures and reaching decisions, they cannot be termed as a proper court.

ii. Specialized Jurisdiction:

An administrative tribunal deals with a certain kind of dispute or regulatory issue that requires specialized expertise. For example, CAT deals with service-related matters concerning central government employees; NGT takes care of environmental issues.

iii. Statutory Basis:

They are established through Acts of Legislatures specifying their jurisdiction, powers, and procedure to be followed. On the off chance, CAT was established under the Administrative Tribunals Act, 1985, and NGT was set up under the National Green Tribunal Act, 2010.

iv. Adjudicatory Power:

They may hear and determine disputes, with their decisions having the force of law between the parties. Unless its enabling legislation provides otherwise, a tribunal may make an order, impose a penalty and grant relief as a court is competent to do under any law.

v. Flexibility in Procedure:

The procedure of the administrative tribunals is generally less formal and more flexible than that of the courts. Such flexibility in procedure is for the sake of ease in adjudication and not to burden the parties with heavy procedure-oriented rules.

vi. Appeal and Review Mechanism:

The decisions of the administrative tribunals are only appealable or reviewable to a limited extent. For example, the decisions of the CAT may be appealed to the High Courts under Articles 226 or 227 of the Constitution of India.

vii. Administrative Fairness-Oriented:

They are under obligation to observe the principles of natural justice, including the right to a fair hearing. This makes sure that decisions are taken based on fair procedures in which parties have the opportunity to present their cases.

viii. Expertise and Efficiency:

They are centred on specific legal or administrative fields, they do provide an expert system of adjudication and, in these specialized areas, more efficient compared to the general courts.

Role of Administrative Tribunals

I. Dispute Resolution:

a) It aids in the management of dispute resolution arising out of the administration of public services.

b) They provide a specialist adjudicatory forum designed to give a more effective resolution of such disputes than the ordinary civil courts.

c) Disputes out of recruitment, promotion, transfer and disciplinary actions affecting public sector employees

d) Disputes relating to administrative decisions and action by government bodies affecting individual or groups.

e) By providing a specialized forum for such disputes, the administrative tribunals seek to offer a more focused, and hence efficient, mechanism of dispute resolution than that offered by the traditional courts.

II. Mechanism of Redress:

a) These tribunals provide a forum through which aggrieved persons can seek redress against the decisions or actions by administrative bodies. For example, employees who feel wronged by decisions of the government have a right to appeal before the tribunal, outside of and removed from the usually lengthy and complex processes of civil litigation.

b) Any employee or person who feels to have been aggrieved by administrative decisions can launch their grievances before these tribunals.

c) The tribunals are expected to deal with the cases expeditiously, unlike the general court of law, which is usually overloaded with cases and has a protracted procedure.

III. Expertise:

a) Members of administrative tribunals are experts in the field of administrative law and subjects allied thereto. Such specialized knowledge equips them to deal with complicated administrative issues at an in-depth level that general courts are normally not equipped to handle, thereby ensuring greater precision and suitability of context for the decisions.

b) Adjudicating sophisticated cases of an administrative nature with an apt appreciation of the tenets and practices in the field of administration.

c) Better and more contextual decisions as compared to the general court, which at times lacks specific knowledge in administrative matters.

IV. Faster Justice:

a) Administrative tribunals are structured in a way to fast-track the process of adjudication relative to the traditional court system. This faster disposition becomes all the more important in administrative matters whereas, at times, timely action may be the prime consideration.

b) Tribunals are structured in such a way that the process of adjudication is fast-tracked, and disputes are resolved much faster than in traditional courts.

c) This is very critical in administrative matters where delays might have a far-reaching impact on the rights and obligations of the concerned persons.

V. Consistency and Uniformity:

The system for the adjudication of similar categories of cases makes the decisions of an administrative tribunal consistent in applying its rules and regulations. It advances consistency in administrative decisions and action, hence safeguarding the principles of standardized administrative practice.

VI. Judicial Review and Oversight:

a) While of considerable authority, administrative tribunals' decisions are not beyond reproach. Decisions of these tribunals are subject to 'judicial review' before superior courts, such as High Courts, or the Supreme Court, for divorcing the legal principles and norms.

b) This checking system provides a check on the power of tribunals and ensures that their decisions remain within the bounds of law and procedure.

VII. Guidance on Administrative Law:

a) Their decisions develop the understanding and application of administrative rules and regulations.

b) Rulings from the tribunals further develop administrative practices so that they should be in accord with legal principles and standards.

VIII. Relief and Compensation:

a) They are authorized to grant reliefs in the form of reinstatement, payment of back wages, or any other compensation to the persons found to have been victimized by the administrative actions or maladministration.

b) Proper relief and redressal are given to people who have suffered due to administrative action.

IX. Compliance and Enforcement:

a) Administrative tribunals may provide guidance on complying with the law.

b) They may require government departments or agencies to correct errors in administration or to adhere to established policies and rules.

Powers of Administrative Tribunals

1. Jurisdiction:

Administrative tribunals have jurisdiction over certain classes of disputes as identified by the provisions of the statute.

For example, the CAT adjudicates upon matters relating to central government employees; SATs take up disputes pertaining to state government employees.

They are also empowered to adjudicate upon disputes arising from the decisions or actions of government departments, public sector enterprises, etc.

2. Adjudicatory Powers:

-They are empowered to adjudicate service matters.

- Such tribunals can decide and hear cases concerning appointments, promotions, transfers, disciplinary actions, and all other service-connected matters.

- They can pass orders affecting the rights as well as liabilities of parties. It may include directing reinstatement, service conditions to be modified, and other relief, etc.

3. Review and Appeal:

-The administrative tribunals are authorized to hear appeals against the orders issued by them or by their subordinate administrative bodies or by authorities. This procedural device makes the administrative action conform to legal benchmarks and principles.

-They may reconsider and modify their earlier decisions if some errors are brought to their notice or if some new evidence comes to light. This makes the rulings fair and just.

-They can entertain appeals against decisions given by lower administrative bodies, thus providing an additional layer of review to ensure that legal standards are observed.

4. Issue Orders and Directions:

- They have the power to issue orders and directions for compliance with legal standards and principles.

- They may direct the government department or agency to rectify the administrative error or to comply with a certain legal standard and policy.

-They can also direct that some of the policies or procedures be carried out to ensure that they are well administered and that the legal provisions for such are adhered to.

5.Powers of Contempt:

-To initiate proceedings against persons who do not comply with their order or those who are hindrances to their dispensation of justice.

-That they may impose penalties upon non-compliance or on acts which interfere with their work as tribunals.

6. Relief and Compensation:

-Administrative tribunals are empowered to provide relief and compensation against adverse effects of an administrative error or unfair practice.

-They are empowered to provide compensation against loss caused due to administrative error or unfair practice, like payment of back wages or damages.

- They are empowered to order reinstatement or any other corrective measure for administrative injustice.

7. Legal and Administrative Guidance

- Their judgements form part and parcel of the application and implementation of administrative laws, rules, and regulations and guide the practice in the application of administration rules to bring about uniformity.

-Their decisions influence administrative practice and tend to bring it into alignment with the rule of law and standardize procedures

8. Implementation of Directions

-They take the necessary steps to see that their directions are properly carried out by the concerned authorities, either by cooperating with the administrative departments or if need be with the help of courts.

-The orders of tribunals may, in some occasions, be in need of intervention of higher courts for proper compliance and execution.

9. Statutory and Constitutional Framework

-Article 323A of the Constitution of India aside from Clause 3, confers jurisdiction regarding establishment of one or more administrative tribunals for adjudication of service matters.

-The Administrative Tribunals Act, 1985, and other mentioned enactments elaborate on the powers, functions, and procedures of the tribunals specifically.