ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIADr. Shakuntala Misra National Rehabilitation University, Lucknow ADMINISTRATIVE LAW PROJECT ON “ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA” (UNDER THE SUPERVISION OF Dr. Gulab Rai) SUBMITED TO: SUBMITTED BY: Dr.Gulab Rai Shubham Tripathi Asst. Professor B.Com.LL.B(Hons.) Faculty of Law 6th Semester DSMNRU Project on Administrative Law 1 ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA ACKNOWLEDGEMENT I, SHUBHAM TRIPATHI, I feel myself highly elated, as it gives me tremendous pleasure to come out with work on the topic “ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA”, I started this project two weeks ago on its completion I feel that I have not only successfully completed it but also earned an invaluable learning experience. First of all I express my sincere gratitude to my Professor Dr.Gulab Rai who enlightened me with such a wonderful and elucidating research topic. Without Him, I think I would have accomplished only a fraction of what I eventually did. I thank him for putting his trust in me and giving me a project topic such as this and for having the faith in me to deliver. His sincere and honest approach have always inspired me and pulled me back on track whenever I went off- track. Sir, thank you for an opportunity to help me grow. I also express my heartfelt gratitude to staff and help for the completion of this project. Next I express my humble gratitude to my parents for their constant motivation and selfless support. I would thank my brother for guiding me. I also express m y gratitude to all the class mates for helping me as and when required and must say that working on this project was a great experience. I bow my head to the almighty for being ever graceful to me. SHUBHAM TRIPATHI B.Com.LL.B (Hons.), 6th Semester Project on Administrative Law 2 1985 TYPES OF ADMINISTRATIVE TRIBUNALS SOME FEATURES OF TRIBUNALS OF INDIA JUDICIAL INTERPRETATION ADVANTAGES OF ADMINISTRATIVE TRIBUNAL DISADVANTAGES OF ADMINISTRATIVE TRIBUNALS STATUS AND WORKING OF TRIBUNALS IN INDIA TRIBUNALS AND NATURAL JUSTICE: COVER UP CONCLUSION BIBLIOGRAPHY Project on Administrative Law 3 . ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA CONTENTS INTRODUCTION EVOLUTION OF TRIBUNAL SYSTEM IN INDIA ADMINISTRATIVE TRIBUNALS ACT. The constitution and function of our court system is very traditional as well as inefficient. 1996. It was also felt in many quarters that the members of the judiciary were neither adequately trained nor equipped to deal with the complex socio-economic and technical matters at hand. restrictions on the freedom of the individuals and constant frictions between them and the authority. executing it and interpreting the law respectively. p. Now where there is these kind of activities. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA INTRODUCTION Welfare nature of government is the evolutionary goal of probably every kind of government these days in this contemporary world. under which the powers of the government were divided between the legislature. for example: providing health services. 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. Project on Administrative Law 4 . Administrative Law. There has been a phenomenal increase in the functions of the government. disputes are certain and obvious. Eastern Book Company: Lucknow. This has led to more litigation.K. But now these welfare states changed radically and involve itself in the hosting of wide socio- economic activities. thus blurring the traditional positions of the various wings of the government under the doctrine of separation of powers.legislative and quasi. The essence of the meaning of the word tribunal which can be 1 Thakker.. Tribunals are a “Judgment seat. executive and the judiciary which were to be entrusted with the power of making law. industrial regulation and other allied welfare measures. Thus it was felt specialised adjudicatory bodies such as tribunals needed to be created to resolve such disputes fairly and effectively. education .judicial functions. Courts therefore became deluged with litigations arising directly and incidentally from such increased governmental interventions. The issues which arose from disputes on such matters raised not only legal matters but also matters which affect the society at large. which has lent enormous powers to the executive and also led to increase in the legislative output. C. board or committee appointed to adjudicate on claims of a particular kind”1. a court of justice. The development of welfarism led to an increase in governmental functions and the executive saw in this a need to perform a number of quasi.226. with flexibility in operations. informality in procedures have gained importance in the adjudication process. They are to exercise their functions objectively and judicially and to apply the law and resolve disputes independently of executive policy. which interpret and apply the laws when acts of public administration are questioned in formal suits by the courts or by other established methods. „the development of administrative law in a welfare state has made „administrative tribunals a necessity'. According to Seervai. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA 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 functions2. administer oath. 2 Ibid 3 Serwai . The Supreme Court in Jaswant Sugar Mills v. without considering executive policy. Rather they are a mixture of both. They are not a court nor are they an executive body.Lakshmi Chand4 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.3 Administrative tribunals are authorities outside the ordinary court system. Tribunals are not bound by strict rules of evidence. compel production of evidence. It must possess the trappings of a court and thereby be vested with the power to summon witnesses. They are administrative because the reasons for preferring them to the ordinary courts of law are administrative reasons. etc. Administrative tribunals have emerged not only in India but also in many other countries with the objective of providing a new type of justice . These tribunals manned by technical experts.public good oriented justice. Constitutionsl law of India 4 AIR 1963 SC 677 at 687 Project on Administrative Law 5 . They are judicial in the sense that the tribunals have to decide facts and apply them impartially. Tribunals are supposed to be independent and immune from any administrative interference in the discharge of their judicial functions.HM. 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 14th Law Commission Report. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA This project comprehensively deals with the all possible aspects regarding the tribunals in India. articles and over the internet.. 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. Ordinary judges.P. An exhaustive research was done using secondary sources from books. 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. Administrative justice In India. pp. on account of their elaborate procedures.M.. a number of tribunals were established by the government.246-248 Project on Administrative Law 6 . a number of administrative tribunals have come into existence. Wadhwa & Company : Nagpur. 1996. Butterwoths : New Delhi.5 In order to avoid clogging the judicial machinery with cases which would have arisen by the operation of these new socio-economic legislations. brought up in the traditions of law and jurisprudence. 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. 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. EVOLUTION OF TRIBUNAL SYSTEM IN INDIA In India. cheap and decentralised determination of disputes arising out of the various welfare legislations. are not capable enough to understand technical problems.38 6 Jain. 1989. The tribunals were established with the object of providing a speedy.R. p. 5 Nayak. A comprehensive bibliography is provided at the end of this project. In India such tribunals were set up immediately after independence. To meet this requirement. In fact. Principles of Administrative Law. in technical cases. legalistic fronts and attitudes can hardly render justice to the parties concerned.6 Another important reason for the new development is that law courts. which crop up in the wake of modem complex economic and social processes. Only administrators having expert knowledge can tackle such problems judiciously. etc. the Income Tax Appellate Tribunal. 1976 inserting Articles 323A and 323B which provided for the establishment of administrative and other tribunals to deal with the matters specifically provided for. according to this commission The reasons for the growth of administrative tribunals are as follows: 1. various Compensation Tribunals. Prime Minister and Speaker of the Lok Sabha beyond judicial Scruitiny. Period of emergency played a crucial role in the evolution of tribunals in India. 2. There were clear signals that the executive did not want the judiciary to interfere with their developmental plans and other such decisions.. 2011. costly and excessively procedural. It was to examine the problem. Parliament enacted the 42ndConstitution (Amendment) Act.8 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. suggests solutions and also to recommend the suitable areas in which tribunals could be set up.7 Regarding the problem of backlog and delayed disposal of case the Government set up the Administrative Reforms Commission in 1967. Such as removing disputes regarding elections to the office of President. Central Excise. Sales Tax and orders under the Motor vehicles Act. Inadequacy of the traditional judiciary to effectively decide administration-related matters especially when it came to technicalities. Revenue Courts of various States. The Commission also recommended the establishment of independent tribunals in the following areas: Service matters and dispute of employees under the state Orders of assessment on adjudication under Customs.org/1446/tribunalisation-in-india/ as on 16th October. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA The Railway Rates Tribunal. can be cited as examples of such tribunals. Project on Administrative Law 7 . The traditional judiciary was seen to be slow. the Companies Tribunal. Labour Tribunals. The main distinction that can be made out between article 323A and 323B is that while 323A 7 Supra n.1 at p.66 8 “Tribunalisation in India” http://legalsutra. A tribunal shall consist of Chairman and such number of Vice-Chairmen and other members as appropriate Government may deem fit. TYPES OF ADMINISTRATIVE TRIBUNALS There are different types of administrative tribunals.2017 Project on Administrative Law 8 . the 9 Administrative Tribunals Act. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA allows for the Parliament to by law provide for administrative tribunals to adjudicate disputes. 1985 In pursuance of Art 323-A Parliament has passed the Administrative Tribunals Act.gov. which are governed by the statues. This Act authorizes 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. 323B allows for the any “appropriate legislature”. 1985 covering all matters falling within the clause (1) of Article 323. ADMINISTRATIVE TRIBUNALS ACT. to by law create an administrative tribunal for the adjudication of disputes.in/act. 1985 http://cgat. The qualifications regarding that are laid down in the Act. 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 of State or joint Tribunals. It owes its origin to Article 323 A of the Constitution which empowers the Central Government to set up by an Act of Parliament. rules. Central Administrative Tribunal (CAT) The enactment of Administrative Tribunals Act in „1985 opened a new chapter in administering justice to the aggrieved government servants.9 Other aspects regarding administrative Tribunals are being discussed below different headings and sub-headings. and regulations of the Central Government as well as State Governments.htm as on 18th February.A. Vice-Chairman and Members.. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA 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. This makes them free from the shackles of the ordinary courts and enables them to provide speedy and inexpensive justice. The CAT was established in 1985. 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. They are distinguished from the ordinary courts with regard to their jurisdiction and procedures. The decision of the commission can be challenged in the Supreme Court. These Members are drawn from the judicial as well as the administrative streams. Customs and Excise Revenue Appellate Tribunal (CERAT) The Parliament passed the CERAT Act in 1986 The Tribunal adjudicate disputes. orders of the CERAT lies with the Supreme Court 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 Tribunal consists of a Chairman. Foreign Exchange Regulation Appellate Board (FERAB) The Board has been set up under the Foreign Exchange Regulation Act. 1973. Complaints or offences with regard to customs and excise revenue. The Act provides for the establishment of Central Administrative Tribunal and State Administrative Tribunals. Project on Administrative Law 9 . The appeal against the decisions of the CAT lies with the Supreme Court of India. They are not bound by the technicalities of the Code of Civil Procedure. The Tribunals enjoy the powers of the High Court in respect of service matters of the employees covered by the Act. but have to abide by the Principles of Natural Justice. Appeals from the. retrenchment and closure of the establishment. Industrial Tribunal This Tribunal has been set up under the Industrial Disputes Act. gratuity. The Tribunal has its benches in various cities and appeals can be filed before it by an aggrieved persons against the order passed by the Deputy Commissioner or Commissioner or Chief Commissioner or Director of 1 n c o m e ' ~ a x . 1989. The Central Administrative Tribunals was set up on 1-11-1985. After the coming into force of Administrative Tribunals Act. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA Income Tax Appellate Tribunal This tribunal has been constituted under the Income Tax Act. 196 1. hours of work. compensation and other allowances. 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. The Tribunal looks into the dispute between the employers and the workers in matters relating to wages. An appeal against the order of the Tribunal lies to the High Court. 198510. 10 The Act was brought into force with effect from 2-10-1985. It can be constituted by' both the Central as well as State governments. The appeal against the order of the Tribunal lies with the Supreme Court. the period and mode of payment. SOME FEATURES OF TRIBUNALS OF INDIA Jurisdiction and Power: 1. The appeals against the decision of the Tribunal lie with the Supreme Court. These may be related to the discriminatory or unreasonable rates. 1947. An appeal also lies to the Supreme Court if the High Court deems fit. Project on Administrative Law 10 . Railway Rates Tribunal This-Tribunal was set up under the Indian Railways Act. It adjudicates matters pertaining to the complaints against the railway administration. unfair charges or preferential treatment meted out by the railway 'administration.29 of the Act. including declaration as to constitutionality of relevant laws. Section 29A (inserted in 1986) gives an appellant jurisdiction of the Central Administrative Tribunal.1985. Unconstitutionality of Law a.19 of the Act. K D Batish AIR 2006 SC 789 Project on Administrative Law 11 .29A What the Administrative Tribunals can do- 1. the employee will now have to seek his remedy by application under s. SP v. Sources of Tribunal’s Jurisdiction- Suit of proceeding transferred to it under s. Administrative Tribunal is competent to exercise all powers which the respective courts had.323-A of the Constitution and is expected to have the same jurisdiction as that of High Court.14 of the Administrative Tribunal Act. In short. in case where the suit lay. The central Administrative Tribunal is the Tribunal constituted under Art. Union of India.(1987) 1 ATR 34 12 Cf. UOI (1986) 4 SLR 545 (Del) 13 UOI v. Deep Chand Pandey (1992) 4 SCC 432 14 UOI v.19 deals with jurisdiction of entertaining original application relating to service matters Appellant jurisdiction under s. 4.14 5. the jurisdiction of the Tribunal is not supplementary but is a complete substitute of the High Courts and Civil Courts. In view of s. Act shall lie to the Administrative Tribunals to the exclusion of any other Civil Appellant Court or the High Court13.29 of the Act S. Appeals from judgement of Civil Courts in suits relating to service matter which are now governed by the A. The tribunal can declare the unconstitutional a statute or subordinate legislation 11 Sampat Kumar.11 3. Orders of the Central Administrative Tribunals are nt open to challenge before the High Court. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA 2.T. Kaptan Singh v. Pending suits shall stand transferred to the Administrative Tribunal having territorial jurisdiction under section 29 of the Act12. 2. c. provided no principle of natural justice is violated. by the Tribunal . 15 Om Prakash Pathak v. 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. III. which contravenes provisions of the constitution. A plea of violation of statutory provision can be taken before the Tribunal though not taken in the petition.12. In a case where enquiry has been dispensed with under the 2nd proviso to Art 311(2). Whether a body would be an „authority‟ within the meaning of Art.T Act has no specific provision in this behalf. the Tribunal will not interfere – 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 . territorial jurisdiction of the tribunal. of an application for reinstatement on the grounds of inordinate and unexplained delay. UOI (1986) 4 SLR 251 16 G Mohanti v. e. It is competent to execute its own order. 16 In order to discover the truth. A Tribunal is not barred by the provisions of the Evidence Act. including preliminary pleas in bar. II. though the A.g. Procedure I. On the other hand .15 d. limitation. It may decide question of law. the Tribunal may resort to the inquisitional procedure. IV. UOI ATR (1987) 1 CAT 229 Project on Administrative Law 12 . b. non-joinder of party. 3. with an order of rejection. res judicata. the tribunal is competent to examine the legal jurisdiction for such dispensation. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA relating to the dispute before it. 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. To question the ground of satisfaction of the President under Cl. Compulsory retirement. To overrule or by-pass decision of the High Court which are binding on it as precedents. (c) of the second proviso to Art. if at all. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA There has been some difference of opinion amongst the tribunals as to how far. Interlocutory matters etc. Though. to impose upon him any such penalty. as the case may be. they may interfere with the punishment awarded by a disciplinary authority Likewise. Administrative Tribunals can perform other functions of Punishment. the jurisdiction of the Supreme 17 Dismissal. c. is satisfied that in the interest of the security of the State. such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: Provided further that this clause shall not apply (c) where the President or the Governor. e. it cannot exercise any jurisdiction of power which no court could exercise. Appeal from Administrative Tribunal to Supreme Court: Though the jurisdiction of High Court under Art 226 over service matter has been taken over by the respective Administrative Tribunals Act 1985.. it is not expedient to hold such inquiry Project on Administrative Law 13 . like the High Court or a Civil Court. To go into the merits of an administrative determination in the absence of mala fides. an administrative Tribunal has jurisdiction to make interim order in like circumstances.311 (2) 17 b. arbitrariness.g. colorable exercise of power or exercise of power without jurisdiction. removal or reduction in rank of persons employed in civil capacities under the Union or a State (2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges Provided that where it is proposed after such inquiry. d. What the Administrative Tribunals cannot do- However wide be the jurisdiction of the tribunal. or a finding without any evidence at all.- a. The administrative Tribunals under the Act were recognized as effective substitutes of the High Courts.Sampath Kumar v. review is part of the basic structure. which was contended as part of the basic structure of the constitution20. S. 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 13618. Appeals lies to the Supreme Court from orders of an Administrative Tribunal. C. 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 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. 1. by special leave under Art 136. 1998 19 AIR 1987 SC 386 20 During the pendency of the case. IBR. the Government gave an assurance to the Court that the Act would be Project on Administrative Law 14 . The order of the Tribunals being arbitrary or mala fide. However the Apex Court came down heavily on the procedure for appointing the Chairman of the Tribunal. This proved to be a shot in the arm of the proponents of tribunalisation. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA Court over these Tribunals under Art.136 has been retained. K.. Vol. The order of the Tribunal being without jurisdiction or ultra vires. The order of the Tribunal is such as would lead to grave injustice. on the following grounds- Error of Law Finding of the Tribunal being perverse. The Supreme Court accepted without doubt that judicial. Some of the prominent case in this regard is discussed below. Union of India19 This is the first and perhaps the most important case in this period that attracted judicial scrutiny in this area. Legal Status of Tribunals. 25 (2).P. JUDICIAL INTERPRETATION As mentioned earlier. 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 t 18 Joshi. This fuelled a sudden spurt in the number of cases that challenged the validity of the said legislation as well as that of the 42nd Amendment that introduced Articles 323A and 323B in to the constitution. Since these Tribunals were to be substitutes of High Courts it is impermissible for bureaucrats to hold such a post. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA become the Chairman.1973. State of Andhra Pradesh21 It was held in this case that Article 371D (5) of the constitution. Sambamurthy v. We also find very clear expression of dissatisfaction of the apex court regarding the functioning and effectiveness of Administrative Tribunals especially with regard to their power of judicial 21 (1987) I SCC 386 22 (1987) I SCC 422. their power of judicial review extended to power as to decide on the constitutionality of service rules. However. which was inserted by the Constitution (32nd Amendment) Act. in R. the Supreme Court opined that these Tribunals could not be effective substitutes of High Courts under Articles 226 and 227.Chopra v. Union of India22 It was held that since the Administrative tribunals are meant to be substitutes of High Courts.Union of India23 the Supreme Court refused to extend the service conditions and other benefits enjoyed by ordinary High Court judges to the members of these Tribunals. It was also suggested that the Chief Justice of India has to consult while making these appointments.Majumdar v. This provision had enabled the Government of Andhra Pradesh to modify or nullify any order of the Administrative tribunal of that state. 24 (1993) 4 SCC 119 Project on Administrative Law 15 .B.K. The Parliament accepted these recommendations and now they find a place in the Act by way of the Administrative Tribunals (Amendment) Act of 1986. 23 (1990) 4 SCC 501.Jain v. The Chairman should be a retiring or retired Chief Justice of a High Court. Hence this provision was held to be unconstitutional. Three years later. Here 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. soon we see a reversal of trend leading to a lot of confusion. Union of India24. 3. was unconstitutional and void. In M. 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. J. Other members have to appointed by a committee consisting of a sitting Judge of the Supreme Court.B. 2. it is constitutionally impermissible. This opportunity arrived when a three judge bench of the Supreme Court in L. Sakinala Harinath v. This eventually led to the famous ruling of the Seven Judge Bench of the Supreme Court on L.P. 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. It was pointed out that the constitutional courts could only exercise the power of judicial review. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA review. Sampath Kumar‟s case. Chandrakumar v. 5.484 (FB) 26 (1973) 4 SCC 225 27 AIR 1975 SC 2291 28 AIR 1995 SC 1151 Project on Administrative Law 16 . 323A (2) (d) and Art. 4.323B (3) (d) of the constitution which give the power to the Union and State Legislatures to exclude the jurisdiction of all courts except that of the Supreme Court under Art. W. which is now the law of the land.R. Union of India. L. is in accordance with the power of judicial review embodied in Art. Union of India28 decided to refer the matter to a larger bench. Chandrakumar v. Raj Narain27. 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. State of Keral26 and Indira Gandhi v.32 and 226. Chandrakumar’s Case The important issues considered by the apex court were as follows: Whether Art.136. 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 Andhra Pradesh25 In this case. As a result both Articles 323A(d) and section 28 of the Act were struck down as unconstitutional. Whether the power of High Courts to exercise the powers of superintendence over the 25 1993 (2) An. Since the logic of alternative institutional mechanism propounded in Sampath Kumar‟s case does not fit in to this scheme. However it was held that these tribunals and the lower judiciary could exercise the role of judicial review as supplement to the superior judiciary. 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. more adequately than any other method. Project on Administrative Law 17 . etc. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA subordinate judiciary under Articles 226 and 227 form part of Basic Structure. tenure. The competence of the aforesaid tribunals to determine the constitutionality of any law. The contention that the constitutional safeguards which ensure the independence of the higher judiciary29 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. Whether the aforesaid tribunals are acting as affective substitutes to High Courts in terms of efficiency. the varied and complex needs of the modem society. The justice they administer may become out of harmony with the rapidly changing social conditions. Adequate Justice 29 In terms of qualifications. 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. mode of removal. the courts of law exhibit a good deal of conservatism and inelasticity of outlook and approach. For instance. can remain in tune with the varying phases of social and economic life. not restrained by rigid rules of procedure and canons of evidence. The main advantages of the administrative tribunals are: Flexibility Administrative adjudication has brought about flexibility and adaptability in the judicial as well as administrative tribunals. mode of appointment. ADVANTAGES OF ADMINISTRATIVE TRIBUNAL Administrative adjudication is a dynamic system of administration. which serves. Administrative adjudication. The court applied the provisions of Article 32(3) to uphold the same. It involves payment of huge court fees. which are already overburdened with ordinary suits. no set procedures and sometimes they violate even the principles of natural justice. Lawyers. Its procedures are simple and can be easily understood by a layman. Administrative tribunals have in most cases. puts a serious limitation upon the celebrated principles of Rule of Law. Administrative tribunals often hold summary trials and they do not follow any precedents. Relief to Courts The system also gives the much-needed relief to ordinary courts of law. Less Expensive Administrative justice ensures cheap and quick justice. we should not be blind to the defects from which it suffers or the dangers it poses to a democratic polity. who are more concerned about aspects of law. DISADVANTAGES OF ADMINISTRATIVE TRIBUNALS Even though administrative adjudication is essential and useful in modem day administration. Some of the main drawbacks are mentioned below. Administrative adjudication is a negation of Rule of Law. As such it is not possible to predict the course of future decisions. administrative tribunals are not only the most appropriated means of administrative action. 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 Project on Administrative Law 18 . But administrative tribunals. find it difficult to adequately assess the needs of the modem welfare society and to locate the individuals place in it. but also the most effective means of giving fair justice to the individuals. Rule of Law ensures equality before law for everybody and the supremacy of ordinary law and due procedure of law over governmental arbitrariness. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA In the fast changing world of today. procedure in the law courts is long and cumbersome and litigation is costly. requires no stamp fees. with their separate laws and procedures often made by themselves. As against this. Administrative adjudication. engagement of lawyers and meeting of other incidental charges. in most cases. 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. v. It can decide the dispute on the basis of the 30 Chakraverti. and they can be appointed by the appropriate government.: Allahabad 31 AIR 1956 SC 231 Project on Administrative Law 19 . It is not bound by strict rules of procedure and can take decisions by exercising its discretion. Administrative tribunals are manned by administrators and technical heads who may not have the background of law or training of judicial work. Though the function of the tribunal is to adjudicate on the disputes it has only some of the trappings of the court. S. 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 it.which are to ensure that the members are experts and will be able to speedily and effectively dispose of matters. The other members are expected to satisfy the prescribed requirements. Tribunals such as the Industrial tribunal may consist of one or more members. 2nd edition. 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.30 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. The Law Book Co. While accepting the fact that such tribunals must work towards 31 furthering social justice. ranging from single member tribunals to multi- member tribunals. A uniform code of procedure in administrative adjudication is not there. it has been held in J&K Iron and Steel Co. There are different types of tribunals in India. Administrative Law and Tribunals. Ltd. Mazdoor Union that tribunal cannot act beyond the scope of the law. Some of them may not possess the independent outlook of a judge.. The procedure to be followed by the tribunal is prescribed by the Act and rules made there under. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA testimony to the advantages of uniform procedure. follow fair procedure and decide disputes impartially and independently. 32 AIR 1958 SC 86 33 AIR 1955 SC154 34 AIR 1957 SC 882 at 885 Project on Administrative Law 20 . Manned by experts and persons with judicial experience. TRIBUNALS AND NATURAL JUSTICE: Administrative tribunals must act openly. All tribunals in India are arranged on the following basis: Created by a statute Subject to the writ jurisdiction of the superior judiciary and to judicial review. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA pleadings and has no power to reach a conclusion without any evidence on record. Subject to the superintendence of the concerned High Court under Art.P. Must be given opportunity to cross.227 Decisions may be final or appealable within the tribunal or in certain cases to the High Court. Verma34 the Supreme Court held the following to be part of natural justice: Party must be able to adduce all evidence being relied upon. In Union of India v. Appeals against orders of the tribunal may be heard by the Supreme Court by special leave under Art.examine. Thus. The tribunal is expected to hold the proceedings in public. fairly and impartially. v. the decisions were set aside. Nooh32 where the prosecutor was also an adjudcating officer and also in Dhakeshwari Mills33where the tribunal did not disclose some evidence to the assessee which was relied upon. Evidence must be taken in the presence of both parties. in State of U. 136. They must afford a reasonable opportunity to the parties to represent their case and adduce evidence. Md.R. T. disputes pertaining to income tax etc. The administrative tribunals should have people with legal training and experience. Tribunals are also expected to give reasoned decisions so as to introduce clarity. Tribunals are free to evolve their own method of procedure as long as they conform to the principles of natural justice as outlined above. the administrative tribunals are expected to play an important role in the redressal of citizens' grievances. the adjudication of disputes and complaints of the public servants. Various types of administrative tribunals are set up in the country to address various issues. reduce arbitrariness and reduce the scope of frivolous appeals. A code of judicial procedures should be devised and enforced for their functioning. They provide greater flexibility in administering justice and provide relief to the courts. industrial disputes. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA And no material must be relied upon without giving the party opportunity to explain the evidence. lack uniform pattern of administering justice and also suffer from the lack of a proper background on law or judicial work. redressal of consumer disputes. such as. In this unit we have examined the nature of administrative tribunals and the various reasons for their goping importance. Project on Administrative Law 21 . However. But at the same time they suffer from some limitations as they sometimes violate the principles of natural justice. COVER UP In view of the increasing role of administration in citizens' life. It also provides the supervisory authority the opportunity to keep tribunals within bounds. with certain safeguards it is possible to rectify some of these limitations. Very few of them. etc. 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. Only a judicious blend of the two will be able to provide an effective and result oriented tribunal system. It is essential therefore that a single centralised nodal agency be established to oversee the functioning of the tribunals. Departmental secretaries. 6th.P. 35 Sathe. These judicial officers need to be balanced with experts in the particular field. 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.. In order to achieve this it is essential that members of the tribunal are equipped with adequate judicial acumen and expertise. pp. Adminiostrative Law. Such a centralised umbrella organisation will ensure the independence of the tribunals in matters of tenure and funds. Tribunals are supposed to provide specialized adjudicatory services but the type of people appointed lack the requisite expertise and are on the tribunals merely because of political pressure and executive interference. interference by the executive and political interference have further impeded the proper development of tribunals in India. Butterworths. 245-252 Project on Administrative Law 22 . have been able to inspire confidence in the public. 1999. Just as the ordinary judiciary are protected from political control through security of tenure and through institutionalized methods of appointment (through a selection committee comprising of the Chief Justice. however. 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. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA CONCLUSION In practice there are a number of tribunals functioning in the country. S. The tribunals have shown a singular lack of competence and objectivity in determining disputes.. Tribunals are supposed to serve as alternative institutional mechanisms to high courts. unsatisfactory service conditions. Another reason for their failure is the constitution of the tribunals and the method of appointment of the personnel. New Delhi. Edn.) in order to further reduce the burden on the high courts the high courts must be divested of the supervisory jurisdiction over the tribunals. Thus the overall picture regarding tribunalisation of justice in the country is far from satisfactory. White. Reader and Dyer. New Delhi-110001. Developments in Indian Administrative Law. 2004. New Delhi-110001. BIBLIOGRAPHY BOOKS: A. Ashok Chanda. Asoke K. D. Cannaught Circus.D.Basu. Kolkata. from the earliest period to the close Lord Dalhousie‟s administration. Prentice-Hall of India Private Limited. Public Administration. 3 rd ed. A. Dicey.1997 Jain and Jain. Indian Penal Code 1860.. Eastern Book Company. Indian Administration. London. 2004 Upendra Baxi. 1958 Vol. Administrative Law in India. 1956.1996 D.V. Basu. 1953.(I). John Clark. Madras Law Journal Office.D.D. Introduction to the Study of the law of the Constitution. 1867 P. Allen.1. Pvt. Sixth Edition. Lucknow. M-97. Ghosh. D.M. II. Ltd Delhi. Madras..T. London: Longmans. Criminal Procedure Code 1973. Public Law in India (1982) Project on Administrative Law 23 . „Lectures On Administrative Law‟. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA 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. 1931. London. Prentice-Hall of India Private Limited.. Cannaught Circus. Lucknow Leonord D. Marshman. Asoke K. M-97. 2006. Kamal Law House. Green.K. Law and orders (1956).Basu. C. Ghosh. Administrative Law Treatise. Eastern Book Company. „Administrative Law‟. Universal Law Publishing Co. 12 th edition. Takwani.Bakshi’s Constitution of India Seventh Edition. The History of India. Markose: Judicial Control of Administrative Action in India. google.) p. 162nd Report.corn http://Iegalserviceindia.1egalsutra. LAW JOURNALS All India Reporter All India Times Criminal Law Journal Delhi law Review.airwebwor1d. Customs.com Project on Administrative Law 24 .books.com http://en.com http://www.docstoc. Noorani Ed.com www.com www.guestia.156. ADMINISTRATIVE ADJUDICATION SYSTEM IN INDIA (A.org http://esciencenews.wikipedia. Review of functioning of Central Administrative Tribunal. Supreme Court Cases GOVERNMENTOF INDIA REPORTS Law Commission of India.jusprudentia.co.com http://www.in www. Excise and Gold (Control) Appellate Tribunal and Income Tax Act Appellate Tribunal. G. WEBSITES www.
Report "Administrative Adjudication System in India"