Question

What is/are the major feature(s) of the Administrative Tribunals Act, 1985?

(i) It empowers the Central Government to establish State Administrative Tribunals at the request of State Governments.
(ii) It allows the establishment of Joint Administrative Tribunals for two or more states.
(iii) It mandates that the CAT follow the Civil Procedure Code of 1908.

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

Answer 1

Answer:

C. only (i) and (ii)

Administrative Tribunals Act, 1985

• The Administrative Tribunals Act, 1985 was enacted by the Indian Parliament under the powers conferred by Article 323A of the Constitution.
• Article 323A empowers the Parliament to establish tribunals for the adjudication of disputes concerning the recruitment and conditions of service of persons appointed to public services of the Union, States, local bodies, public corporations, and other authorities.
• The primary objective of this Act was to provide for a specialized and speedy mechanism for the redressal of grievances of government employees, thereby reducing the burden on regular courts.

Key Features and Provisions of the Act:

• The Act enables the Central Government to establish State Administrative Tribunals (SATs) for a state upon the specific request of the concerned State Government. This decentralizes the adjudication process for state-level service matters.
• It also provides for the creation of Joint Administrative Tribunals (JATs), which can be established for two or more states. This provision allows states to share resources and judicial infrastructure for administrative dispute resolution.
• A crucial characteristic of these tribunals, including the Central Administrative Tribunal (CAT), is that they are not bound by the strict rules of procedure laid down in the Civil Procedure Code, 1908.
• Instead, administrative tribunals are guided by the principles of natural justice, allowing them to regulate their own procedure to ensure fairness and expeditious disposal of cases. This flexibility helps in achieving quicker justice compared to formal court proceedings.
• The Central Administrative Tribunal (CAT) was established on November 1, 1985, with its Principal Bench in Delhi and additional benches across the country.
• Initially, the Act excluded the jurisdiction of all courts, except the Supreme Court, in service matters. However, the landmark Supreme Court judgment in L. Chandra Kumar v. Union of India (1997) declared that the power of judicial review of the High Courts (under Articles 226 and 227) is part of the basic structure of the Constitution.
• Following the L. Chandra Kumar judgment, appeals against the orders of Administrative Tribunals now lie before a Division Bench of the concerned High Court, and not directly to the Supreme Court.
• The Chairman and Members of these tribunals are appointed by the President of India. The Chairman is usually a retired High Court Judge or a person who is qualified to be a High Court Judge.
• Administrative Tribunals exercise original jurisdiction in relation to recruitment and all service matters of public servants covered by the Act.