Question

Consider the following statements regarding the Administrative Tribunals Act, 1985:

1. The Act empowers the Central Government to establish both Central and State Administrative Tribunals.

2. The Act provides for the establishment of Joint Administrative Tribunals (JATs) for two or more states.

3. The Act mandates that the CAT follow the procedures of the Civil Procedure Code of 1908.

Which of the statements given above is/are correct?

• A. 1 and 2 only
• B. 1 and 3 only
• C. 2 and 3 only
• D. All of the above

Answer 1

Answer:

A. 1 and 2 only

Administrative Tribunals Act, 1985

• The concept of Administrative Tribunals in India was introduced by the 42^nd Amendment Act of 1976 to the Constitution, which added a new Part XIV-A.

• This Part includes Article 323A, dealing with Administrative Tribunals, and Article 323B, dealing with Tribunals for other matters.

• The primary objective behind the establishment of these tribunals was to provide for speedy and inexpensive justice to government employees in service matters and to reduce the burden on regular courts, especially High Courts.

Key Provisions of the Administrative Tribunals Act, 1985

• The Administrative Tribunals Act, 1985 was enacted by the Parliament under the provisions of Article 323A.

• It empowers the Central Government to establish a Central Administrative Tribunal (CAT) and State Administrative Tribunals (SATs).

• Central Administrative Tribunal (CAT):

  • The CAT exercises original jurisdiction in relation to recruitment and all service matters concerning public servants covered by the Act.

  • As of now, CAT has 17 Benches, out of which 15 are Principal Benches and 2 are Additional Benches.

  • These Benches cover the entire length and breadth of the country.

• State Administrative Tribunals (SATs):

  • The Act also provides for the establishment of State Administrative Tribunals at the request of the respective State Governments.

  • Their jurisdiction extends to service matters of State Government employees.

• Joint Administrative Tribunals (JATs):

  • The Act further makes a provision for the establishment of Joint Administrative Tribunals (JATs) for two or more states upon their request.

  • This provision allows for judicial efficiency and resource sharing between states.

• Procedural Flexibility:

  • Contrary to typical court proceedings, Administrative Tribunals are not bound by the strict rules of procedure laid down in the Civil Procedure Code, 1908, or the Indian Evidence Act, 1872.

  • Instead, they are guided by the principles of natural justice, aiming for a more informal and speedy resolution of disputes.

  • This flexibility is crucial for achieving their mandate of quick dispute resolution.

• Jurisdiction and Appeals:

  • Initially, appeals against the orders of Administrative Tribunals lay directly with the Supreme Court.

  • However, the landmark Supreme Court judgment in the case of L. Chandra Kumar v. Union of India (1997) declared that the power of judicial review of the High Courts under Articles 226 and 227 and of the Supreme Court under Article 32 are integral parts of the basic structure of the Constitution.

  • Consequently, it was ruled that appeals against the orders of Administrative Tribunals now lie first to the respective High Courts, and only thereafter to the Supreme Court.