Administrative tribunals are entrusted with the duty to adjudicate the disputes arising from the course of normal government. According to Seervai, “The evolution of administrative law in a welfare state has made administrative tribunals a requirement.”
The role of the administrative tribunals has been very beneficial in solving the disputes arising in the course of normal management. That is the reason their number has been steadily increasing and they’ve become a permanent part of the law adjudication machinery.
The administrative tribunals could be described as tools for the use of law and especially constituted mechanism to settle the disputes between the citizen and management.
The ordinary courts don’t have the technical experience to dispense with all the cases appearing from the course of daily administration. The courts are not able to comprehend the technical problems related to complex economic and societal procedures.
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The administrative tribunals have different advantage over the ordinary courts since they are neither expensive nor bound by technicalities. On the other hand, they are easily available and equipped with pertinent experience to give justice.
The courts are not capable enough to understand the technical problems associated with complex economic and social procedures. The administrative tribunals ensure both the security of legitimate interests of an individual and realization of common good.
Types of Administrative Tribunals
Central and State Governments have constituted many types of administrative tribunals in accordance with statutory provisions. The regulations and rules in each case depend upon the nature of this tribunal.
For example, the requirements of the tribunal comprised to look into the administrative matters pertaining to the public servants are quite different from the one comprised as an appellate body to take into account the cases relating to Income Tax Act.
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In the same way, the functioning of Railway Rates Tribunal is sure to differ from tribunals set-up under the Industrial Disputes Act.
Central Administrative Tribunal (CAT).
Underneath the Article 323A of this Constitution of India, the Parliament passed the Central Administrative Tribunals Act in 1985. It was aimed to give justice to aggrieved government servants. The authority and procedures of the tribunals differentiate them from the normal courts.
The tribunals are not bound by the technicalities of the Code of Civil Procedure, but need to abide by the principles of natural justice. This permits them to give speedy justice. The CAT was established in 1985 and includes a Chairman, Vice-Chairman and associates which are drawn from the judicial and administrative disciplines. The appeal against the conclusions of CAT lies with the Supreme Court of India.
Election Commission (EC)
Under the Constitution of India Election Commission superintends controls and directs all matters relating to elections, The Commission also has powers to adjudicate. The matters pertaining to the allotment of elections to political parties and other issues. The conclusions of the Election Commission can be contested in the Supreme Court of India.
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Advantages of Administrative Tribunals.
The primary Benefits of administrative tribunals are:
Flexibility: The flexible regime of administrative tribunals is very suitable to learn more about the ways to adjust with new requirements of their social and economic life. Such type of adaptability isn’t possible in courts of law with their stiff procedures.
Adequate Justice: In the fast changing world of today, speedy justice provided by administrative tribunals is very useful. In courts of law that the prosecution is indeed dilatory and costly that it defeats the very purpose of redressing that the particular grievance.
Less Expensive: Administrative adjudication ensures cheap and quick justice. The time thus saved is very valuable as the decisions coming after a long time of waiting in courts a time lose their relevance.
Relief to Courts: As the courts are already overburdened with enormous arrears of pending cases. The respite by the administrative tribunals provide them much-needed relief.
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Experimentation: As administrative adjudication isn’t tied to any stereotyped operation. It gives an opportunity to attempt new and novel ideas, which are really useful in solving the complex problems.
Disadvantages of Administrative tribunals
Administrative Tribunals are specially constituted government to settle the disputes between the citizen and administration. And their number is steadily increasing. But, they have problems with a number of shortcomings. Some of the defects in the system of administrative adjudication are:
Administrative adjudication is essentially a negation of this Rule of Law. Rule of Law is a test against any kind of arbitrariness of authorities. The working of administrative tribunals violates the principle of the equality before the law and poses a threat to the supremacy of ordinary law.
- Administrative tribunals have no set procedures and at times they violate even the principles of natural justice.
- It don’t follow any precedents and maintain summary trials.
- Administrative tribunals don’t follow the procedure of law, nor have some uniform code of process.
- Administrative tribunals are manned by mates who have no history of law or training of judicial work. The administrative officials of tribunals could lack the independent outlook of a judge.
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In view of the above shortcomings and the need to own administrative tribunals. It will become necessary to apply certain safeguards. As the system of administrative adjudication is a necessity that could not be neglected. Administrative tribunals have evolved to deal with the intricate issues of contemporary industries of the market and the society, correct safeguards can mitigate the defects to a great extent. Some basic safeguards are:
Administrative tribunals should be manned by individuals who have legal training and experience. The appointment of its members should be made in consultation with the Supreme Court.
A uniform code of judicial procedure for administrative tribunals ought to be invented set up of varying processes prevalent in the country.
The decisions of administrative tribunals should incorporate the reasoning supporting them. This will show the innate fairness of the decisions and also work as a check against any misuse of electricity.
The authority of the higher judiciary, especially the Supreme Court of India, should not be curtailed. The right of program consume against the decisions of the tribunals must remain with the Supreme Court of India.
