THE NATIONAL UNIVERSITY OF ADVANCED LEGAL STUDIES

(A State University Est. by Act 27, 2005 of Kerala State Legislature Kalamassery,
Kochi - 683503, Kerala

ADMINISTRATIVE LAW PROJECT

THE ROLE AND EFFECTIVENESS OF ADMINISTRATIVE TRIBUNALS IN INDIA

SUBMITTED BY:
Michelle S Xavier (1894)
Semester 6

SUBMITTED TO:
Abhayachandran K
Assistant Professor
NUALS, Kochi
INTRODUCTION

"As Jonathan Swift once said, 'Laws are like cobwebs, which may catch small flies, but let wasps and hornets
break through.' While this may sound cynical, it reflects a hard truth — that justice systems often fail to equally
serve all sections of society. The complexity, delay, and cost of traditional court procedures sometimes allow
powerful parties to escape scrutiny while the common citizen struggles to find relief. This is where
administrative tribunals have emerged as an important solution. By simplifying processes and reducing the
burden on courts, tribunals aim to make justice more accessible, especially in highly technical and
administrative matters like service disputes, environmental protection, and taxation. They act as a necessary
bridge between the common citizen and a responsive legal mechanism. In a way, tribunals strive to prevent the
law from becoming a 'cobweb' — they aim to make the net strong and wide enough to catch both the small flies
and the hornets."

WHAT ARE ADMINISTRATIVE TRIBUNALS

According to I.P. Massey in Administrative Law, the term ‘Tribunal’ is used in a special sense and refers to
adjudicatory bodies outside the sphere of ordinary Courts of the land.

Administrative tribunals are specialized courts established to handle specific types of disputes, primarily those
related to administrative law and government agency decisions. They are separate from the regular judicial
system and aim to provide a faster, more accessible, and less complex process for resolving these types of
disputes. Administrative Tribunals are quasi-judicial bodies that have judicial authority but are not courts.

They 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. In other words, they
are agencies created by specific enactments to adjudicate disputes that may arise during implementation of the
provisions of the relevant enactments.

Technically, in India the judicial powers are vested in the courts which aims to safeguard the rights of the
individuals and promotes justice. Therefore, to institute an effective system of the judiciary with fewer
complexities, the judicial powers are delegated to the administrative authorities, thus giving rise to
administrative tribunals which holds quasi-judicial features.
GROWTH OF ADMINISTRATIVE TRIBUNALS

The 42nd Amendment to the Constitution introduced Part XIV-A which included Article 323A and 323b
providing for constitution of tribunals dealing with administrative matters and other issues. According to these
provisions of the Constitution, tribunals are to be organized and established in such a manner that they do not
violate the integrity of the judicial system given in the Constitution which forms the basic structure of the
Constitution.

The introduction of Article 323A and 323B was done with the primary objective of excluding the jurisdiction of
the High Courts under Article 226 and 227, except the jurisdiction of the Supreme Court under Article 136 and
for originating an efficacious alternative institutional mechanism or authority for specific judicial cases.

The purpose of establishing tribunals to the exclusion of the jurisdiction of the High Courts was done to reduce
the pendency and lower the burden of cases. Therefore, tribunals are organized as a part of civil and criminal
court system under the supremacy of the Supreme Court of India.

CHARACTERISTICS OF ADMINISTRATIVE TRIBUNALS

The following are the few attributes of the administrative tribunals which make them quite disparate from the
ordinary courts:

• Administrative tribunals must have statutory origin i.e. they must be created by any statute.
• They must have some features of the ordinary courts but not all.
• They are not adhered by strict rules of evidence and procedure.
• An administrative tribunal performs the quasi-judicial and Judicial functions and is bound to act
judicially in every circumstance.
• Administrative tribunals are independent and not subject to any administrative interference in the
discharge of judicial or quasi-judicial functions.
• In the procedural matters, an administrative tribunal possesses the powers of a court to summon
witnesses, to administer oaths and to compel the production of documents, etc.
• ⁠These tribunals are bound to abide by the principle of natural justice.
• A fair, open and impartial act is the indispensable requisite of the administrative tribunals.
 • The prerogative writs of certiorari and prohibition are available against the decisions of administrative
tribunals.

CATEGORIES OF ADMINISTRATIVE TRIBUNALS

Administrative Tribunals for service matter [Article 323A]

Article 323A provides the establishment of administrative tribunals by law made by Parliament for the
adjudication of disputes and complaints related to the recruitment and conditions of service of Government
servants under the Central Government and the State Government. It includes the employees of any local or
other authority within the territory of India or under the control of the Government of India or of a corporation
owned or controlled by the Government.

The establishment of such tribunals must be at the centre and state level separately for each state or for two or
more states. The law must incorporate the provisions for the jurisdiction, power and authority to be exercised by
tribunals; the procedure to be followed by tribunals; the exclusion of the jurisdiction of all other courts except
the Supreme Court of India.

Tribunals for other matters [Article 323B]

Article 3238 empowers the Parliament and the State Legislature to establish tribunals for the adjudication of any
dispute or complaint with respect to the matters specified under clause (2) of Article 3238. Some of the matters
given under clause (2) are a levy, assessment, collection and enforcement of any tax; foreign exchange and
export; industrial and labour disputes; production, procurement, supply and distribution of foodstuffs; rent and
its regulation and control and tenancy issues etc. Such a law must define the jurisdiction, powers of such
tribunals and lays down the procedure to be followed.

In the landmark case of L. Chandra Kumar v. Union of India (1), the court reached various conclusions as to
jurisdictional powers of the tribunal constituted under Articles 323A and 3238. The Supreme Court struck down
clause 2(d) of Article 323A and clause 3(d) of Article 3238 on the ground that they excluded the jurisdiction of
the High Courts and the Supreme Court under Article 226/227 and 32 respectively.
The SC ruled that the tribunals created under Article 323A and 3238 would continue to be the courts of the first
instance in their respective areas for which they are constituted. The litigants are not allowed to approach the
High Courts directly by overlooking the jurisdiction of the concerned tribunal.

No appeal for the decision of the tribunal would lie directly before the Supreme Court under Article 136 but
instead, the aggrieved party would be entitled to move the High Court under Article 226 and 227 and after the
decision of the Division Bench of the High Court, the party may approach the Apex Court under Article 136.

THE ADMINISTRATIVE TRIBUNALS ACT, 1985

In pursuance of the provisions in Article 323A, Parliament passed the Administrative Tribunal Act, 1985,
providing for all the matters falling within the clause (1) of Article 323-A.

According to this Act, there must be a Central Administrative Tribunal (CAT) at the centre and a State
Administrative Tribunal (SAT) at the state level for every state.

The tribunal is competent to declare the constitutionality of the relevant laws and statutes. The Act extends to,
in so far as it is related to the Central Administrative Tribunal, to the whole of India and in relation to the
administrative tribunals for states, it is applicable to the whole of India except the State of Jammu and Kashmir
(Section 1).

JOINT ADMINISTRATIVE TRIBUNAL

The concept of a Joint Administrative Tribunal (JAT) arises from the need to provide a specialized and efficient
mechanism for resolving service-related disputes of government employees. Established under
the Administrative Tribunals Act, 1985, a Joint Administrative Tribunal is a quasi-judicial body created jointly
by the Central Government and one or more State Governments. Its primary purpose is to adjudicate disputes
concerning recruitment and service conditions of public servants employed by both the Centre and the
participating State(s).

The JAT is empowered under Section 3(3) of the Administrative Tribunals Act, and it functions similarly to
the Central Administrative Tribunal (CAT). However, while CAT handles only Central Government employees,
a JAT deals with matters involving both Central and State Government employees within the states that have
opted into the arrangement. The tribunal comprises Judicial and Administrative Members, who are appointed by
the President (for Central members) or by the Governor (for State members), ensuring a blend of legal and
administrative expertise.
The creation of JATs serves multiple purposes: it reduces the burden on High Courts, provides speedy and
specialized justice, and ensures uniformity in decisions related to public service matters. One of the most
notable examples of a Joint Administrative Tribunal was the Andhra Pradesh Administrative Tribunal, which
remained functional until its dissolution in 2019, when its jurisdiction was transferred back to the High Court.

In essence, the Joint Administrative Tribunal plays a critical role in Administrative Law by offering an efficient
forum for government employees to seek redress for service-related grievances, while simultaneously easing the
caseload of traditional judicial forums.

OBJECTIVE FOR THE ESTABLISHMENT OF ADMINISTRATIVE TRIBUNALS

1.⁠ ⁠To relieve congestion in courts or to lower the burden of cases in courts.

2.⁠ ⁠To provide for speedier disposal of disputes relating to the service matters.

APPLICABILITY OF THE ACT

According to Section 2 of the Administrative Tribunals Act, 1985, the act applies to all Central Government
employees except-

The members of the naval, military or air force or any other armed forces of the Union Any officer or servant of
the Supreme Court or any High Courts
Any person appointed to the secretariat staff of either House of the Parliament.

COMPOSITION OF THE TRIBUNALS AND BENCH

Section 4 of this Act describes the composition of the tribunals and bench. Each tribunal shall consist of a
Chairman, Vice Chairman, Judicial and Administrative members. Every bench must include at least one judicial
and one administrative member. The benches of the Central Tribunal shall ordinarily sit at New Delhi,
Allahabad, Calcutta, Madras, Bombay and such other place as the Central Government specifies. The Chairman
may transfer the Vice Chairman or other members from one bench to another bench.
QUALIFICATION AND APPOINTMENT OF MEMBERS

Section 6 of the Administrative Tribunals Act, 1985, lays the provisions specifying the qualifications and
appointment of the members of tribunals.

Chairman: To be appointed as a chairman, a person must have the following qualifications

• He is or has been a judge of a High Court

• He has held the office of Vice Chairman for two years or
• He has held the post of secretary to the Government of India
• He has held any other post carrying the scale pay of secretary

Vice Chairman: A person is qualified for the post of Vice- Chairman if he-

• Has been a judge of the High Court

• Has for 2 years held the post of Secretary to the Government or holding any other post carrying the same
pay scale under the Central or State Governments or
• Has held for 5 years the post of an Additional Secretary to the Government of India or any other post
carrying the scales of pay of Additional Secretary.

Administrative Member: A person to be appointed as an administrative member must-

• Have held the post of an Additional Secretary to the Government of India or another equivalent post for
at least 2 years
• Have held the post of a Joint Secretary to the Government of India or other equivalent post
• Have adequate administrative experience.

The Chairman, Vice-Chairman and other members shall be appointed by the President. The Judicial Members
shall be appointed by the President with the consultation of the Chief Justice of India. The Chairman, Vice-
Chairman and other members of the State Tribunal shall be appointed by the President after consultation with
the Governor of the concerned state.
TERM OF OFFICE

According to Section 8 of the Act, the Chairman, Vice-Chairman and other members of the tribunal shall hold
the office for a term of 5 years or until he attains-

⁠Age of 65 years, in the case of the Chairman or Vice- Chairman

Age of 62 years in the case of other members

RESIGNATION AND REMOVAL

Section 9 of the Act prescribes the procedure of resignation by any member and removal of any member.

The Chairman, Vice-Chairman or other members may resign from his post by writing to the President.

They shall be removed from their office only by an order made by the President on the ground of proved
misbehaviour or incapacity after an enquiry made by a judge of the Supreme Court. They shall have the right to
be informed of the charges against them and shall be given a reasonable opportunity of hearing. The Central
Government may make rules to regulate the procedure for the investigation of the charges against them

JURISDICTION OF CENTRAL TRIBUNAL

Section 14 states that the Central Tribunal from the day of the appointment shall exercise all the jurisdiction,
powers and authority in relation to the following matters which were within the jurisdiction of other courts
(except the Supreme Court) before the enactment of this Act:

1.⁠ ⁠Recruitment of any civil service of Union or All India service or civil post under the Union or

civilian employees of defense services.

2.⁠ ⁠All service matters of the above-mentioned employees, and of employees of any local or

other authority within the territory of India or under the control of the Government of India or
any corporation or society owned or controlled by the Government.

3.⁠ ⁠All service matters of such persons whose services have been placed by the State Government

or any local or other authority or any corporation at the disposal of the Central Government

PROCEDURE AND POWERS OF TRIBUNALS

Section 22 of the Administrative Tribunals Act, 1985 lays down the powers and procedure of tribunals
discussed below-

1.⁠ ⁠A tribunal is not bound to follow the procedure laid down by the Code of Civil Procedure, 1908. It has the
power to regulate its own procedure but must abide by the principle of natural justice.

2.⁠ ⁠A tribunal shall decide the applications and cases made to it as rapidly as possible and every application shall
be decided after scrutinizing the documents and written submissions and perceiving the oral arguments.

3.⁠ ⁠Tribunals have the same powers as vested by the civil courts under the Code of Civil Procedure, 1908, while
trying a suit, with regard to the following subject-matter-

4.⁠ ⁠Summoning and enforcing the attendance of any person and examining him on oath.

5.⁠ ⁠Production of documents.

6.⁠ ⁠Receiving evidence on affidavits.

7.⁠ ⁠Ask for any public record or document from any office under Section 123 and 124 of the Indian Evidence
Act, 1872.

8.⁠ ⁠Issuing commissions for the examination of witnesses and documents.

9.⁠ ⁠Reviewing its decisions 10.⁠ ⁠Deciding the case ex-parte.

11.⁠ ⁠Setting aside any order passed by its ex-parte.

12.⁠ ⁠Any other matter prescribed by the Central Government.

S.P SAMPATH KUMAR V UNION OF INDIA

Facts: The constitutional validity of the Administrative Tribunals Act, 1985, was predominantly challenged on
the ground that this Act excludes the jurisdiction of High Courts under Articles 226 and 227 with regard to
service matters and hence, destroyed the concept of judicial review which was an essential feature of the Indian
Constitution.

Judgment: A Five-Judge Bench of the Court upheld the validity of the Act except Section 6(1) (c). The court
held that although this Act has excluded the jurisdiction of judicial review exercised by the High Courts in the
service matters it has not entirely excluded the concept of judicial review. The jurisdiction of the Supreme Court
under Article 32 and 136 has not been excluded by this Act and kept unscathed.

Thus, there still exists an authority where matters of injustice can be entertained by judicial review. The judicial
review which is the part of the basic structure of the Indian Constitution can be taken away from a particular
area only if an alternative effectual institutional mechanism or authority is provided.

However, Section 6 (1)(c) of the Act was held to be unconstitutional as it gave unrestricted power to the
Government to appoint the Chairman, Vice-Chairman and other members of the tribunals. These appointments
must be made by the Government in a meaningful and effective manner only after consulting the Chief Justice
of India.

The court recommended that the term of 5 years prescribed under the Act for Chairman, Vice- Chairman and
other members of the tribunal is not rational because it would act as dissuasion for the good and generous
people to accept the job in the tribunal and should, therefore, be reasonably extended.

The directions given by the Supreme Court came into effect through the Administrative Tribunals (Amendment)
Act, 1987.

UNION OF INDIA V R.GANDHI PRESIDENT, MADRAS BAR ASSOCIATION

Facts: The constitutionality of the National Company Law Tribunal (NCLT) and National Company Law
Appellate Tribunal (NCLAT) on the following grounds-

1.⁠ ⁠Parliament does not have authority to vest the judicial functions in any tribunal that have been traditionally
performed by the High Courts since so long.

2.⁠ ⁠Transferring the entire company jurisdiction of the High Court to the tribunal are violative of the doctrine of
Rule of Law, Separation of Powers and Independence of the Judiciary.

3.⁠ ⁠The various provisions of Part 18 and 1C of the Companies Act are defective and unconstitutional, being in
breach of constitutional principles of Rule of Law, Separation of Powers and Independence of the Judiciary.

Judgment: the court upheld the constitutionality of NCLT and NCLAT in exercising the powers and jurisdiction
of the High Court subject to necessary changes to be made in the Companies Act, 1956 as amended in 2002,
through suitable amendments

The court acknowledged and upheld the constitutional power of the Parliament to constitute tribunals for
adjudication of disputes. The legislative competence of Parliament to provide for the creation of courts and
tribunals can be traced to Article 245, 246 and 247 of the Constitution read with various entries in the Union
List and the Concurrent List which is in no way affected or controlled by Article 323A or 3238 of the
Constitution.

The court further added that it cannot be assumed that constitution of tribunals and transferring judicial powers
per se infringe the rule of law, separation of powers and independence of the judiciary because the Constitution
enables both courts and tribunals to exercise judicial powers.
What matters the most is whether the constituted tribunals respect and maintain the principles of separation of
powers, rule of law and independence of the judiciary. The constitution of NCLT and NCLAT must be subject
to judicial review so that the court in the exercise of judicial review look into the matter to check if these
principles are compromised by such tribunalisation and may interfere in between to preserve the same.

SWISS RIBBONS PVT. LTD. V. UNION OF INDIA (2019) 4 SCC 17

While not exclusively about tribunals, this case upheld the constitutional validity of the Insolvency and
Bankruptcy Code (IBC) and recognized the important role played by specialized tribunals like the National
Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT). The judgment
endorsed the idea of tribunals as necessary for handling complex and technical issues efficiently.

ADVANTAGES OF ADMIN ISTRATIVE TRIBUNALS

The concept of administrative tribunals was introduced because it has certain advantages over ordinary courts.
Few of them are mentioned below-

• Flexibility: The introduction of administrative tribunals engendered flexibility and versatility in the
judicial system of India. Unlike the procedures of the ordinary court which are stringent and inflexible,
the administrative tribunals have a quite informal and easy-going procedure.
• Speedy Justice: The core objective of the administrative tribunal is to deliver quick and quality justice.
Since the procedure here is not so complex, so, it is easy to decide the matters quickly and efficiently.
• Less Expensive: The Administrative Tribunals take less time to solve the cases as compared to the
ordinary courts. As a result, the expenses are reduced. On the other hand, the ordinary courts have
cumbrous and slow-going, thus, making the litigation costly. Therefore, the administrative tribunals are
cheaper than ordinary courts.
• Quality Justice: If we consider the present scenario, the administrative tribunals are the best and the
most effective method of providing adequate and quality justice in less time.
• Relief to Courts: The system of administrative adjudication has lowered down the burden of the cases on
the ordinary courts.
DRAWBACKS OF ADMINISTRATIVE TRIBUNALS

Although, administrative tribunals play a very crucial role in the welfare of modern society, yet it has some
defects in it. Some of the criticisms of the administrative tribunal are discussed below-

⁠Against the Rule of Law: It can be observed that the establishment of the administrative tribunals has repudiated
the concept of rule of law. Rule of law was propounded to promote equality before the law and supremacy of
ordinary law over the arbitrary functioning of the government. The administrative tribunals somewhere restrict
the ambit of the rule of law by providing separate laws and procedures for certain matters.

⁠Lack of specified procedure: The administrative adjudicatory bodies do not have any rigid set of rules and
procedures. Thus, there is a chance of violation of the principle of natural justice.

No prediction of future decisions: Since the administrative tribunals do not follow precedents, it is not possible
to predict future decisions.

Scope of Arbitrariness: The civil and criminal courts work on a uniform code of procedure as prescribed under
C.P.C and Cr.P.C respectively. But the administrative tribunals have no such stringent procedure. They are
allowed to make their own procedure which may lead to arbitrariness in the functioning of these tribunals.
Absence of legal expertise: It is not necessary that the members of the administrative tribunals must belong to a
legal background. They may be the experts of different fields but not essentially trained in judicial work.
Therefore, they may lack the required legal expertise which is an indispensable part of resolving disputes.

CONCLUSION

It can be concluded that in the present scenario, the administration has become an important part of the
government as well as the citizen's life. Due to this increasing role, it is important to establish a competent
authority for the redressal of people's grievances and adjudication of the disputes. Therefore, the concept of
administrative tribunals emerged and is dynamically flourishing in India holding certain flaws and strengths.
Administrative Tribunals have emerged as a vital component of the modern justice delivery system, offering a
more accessible, efficient, and specialized alternative to traditional courts. They address the increasing
complexity of governance and the growing volume of disputes arising from administrative actions. By
providing speedy and cost-effective justice, tribunals help ease the burden on the regular judiciary and ensure
that citizens can seek redressal without being overwhelmed by procedural technicalities. However, it is equally
important to ensure that these bodies remain accountable, transparent, and fair in their functioning. As India
continues to strengthen its legal and administrative framework, administrative tribunals will continue to play a
crucial role in balancing the scales of justice and maintaining the rule of law.

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