Question

Consider the following statements with regard to Administrative Tribunals:

(i) The Administrative Tribunals Act, 1985, empowers the Central Government to establish State Administrative Tribunals at the request of State Governments.
(ii) The post of Vice-Chairman in the Central Administrative Tribunal was removed by the Administrative Tribunals Amendment Act, 2006.
(iii) The Central Administrative Tribunal is bound by the procedures laid down in the Civil Procedure Code of 1908.

Which of the statements given above is/are correct?

• A. only (i)
• B. only (ii)
• C. only (i) and (ii)
• D. all the above

Answer 1

Answer:

C. only (i) and (ii)

Understanding Administrative Tribunals

• The concept of Administrative Tribunals in India was introduced by the 42nd Amendment Act of 1976, which added Part XIV-A (Tribunals) and Article 323-A to the Constitution of India.
• Article 323-A specifically empowers Parliament to establish Administrative Tribunals for the adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority.
• These tribunals are designed to provide speedy and inexpensive justice to government employees regarding service matters.

Central Administrative Tribunal (CAT) and State Administrative Tribunals (SATs)

• The Administrative Tribunals Act, 1985, was enacted by the Parliament to give effect to Article 323-A.
• Under this Act, the Central Government established the Central Administrative Tribunal (CAT) on November 1, 1985.
• Statement (i) is correct: The Administrative Tribunals Act, 1985, explicitly empowers the Central Government to establish State Administrative Tribunals (SATs) at the specific request of the respective State Governments. This ensures states can have their own tribunals for state government employees.
• CAT exercises original jurisdiction in relation to recruitment and all service matters of public servants covered by the Act. Its jurisdiction extends to the All-India Services, central civil services, civilian employees of defence services, and employees of Public Sector Undertakings specified by the Central Government.
• The members of the CAT are drawn from both judicial and administrative streams, reflecting the dual nature of its functions.

Amendments and Procedural Aspects

• Statement (ii) is correct: The Administrative Tribunals (Amendment) Act, 2006, brought significant changes. One of the key amendments was the abolition of the posts of Vice-Chairman in both the Central Administrative Tribunal and State Administrative Tribunals. All existing Vice-Chairmen were redesignated as 'Members'.
• This amendment aimed to streamline the hierarchy and composition of the tribunals.
• Statement (iii) is incorrect: Administrative Tribunals, including the Central Administrative Tribunal, are not bound by the strict rules of procedure laid down in the Civil Procedure Code (CPC), 1908, or the Indian Evidence Act, 1872.
• Instead, they are guided by the principles of natural justice. This flexibility allows them to adopt a more expedient and less formal approach to adjudication, thereby ensuring quicker disposal of cases. The Administrative Tribunals Act, 1985, itself states that they have the power to regulate their own procedure.

Judicial Review and Appeals

• Initially, decisions of Administrative Tribunals could only be challenged directly in the Supreme Court. However, the landmark Supreme Court judgment in L. Chandra Kumar vs. Union of India (1997) held that the power of judicial review over the decisions of Administrative Tribunals by the High Courts (under Articles 226 and 227) is part of the basic structure of the Constitution.
• Consequently, appeals against the orders of CAT or SATs now first lie before a Division Bench of the concerned High Court, and then to the Supreme Court.