1:- Introducation
Administrative Tribunals are quasi - judicial authorities established with the duty to discharge adjudicatory functions. Dicey's Concept of Rule of Law is opposed to establishment of Administrative Tribunals. The Administrative Tribunal was established by the 42nd Amendment which recommended all the matters related to the services shall be subject to these tribunals but excluded the right to challenge under article 32 and article 226 of the constitution. It has its origin by the 323A and 323B of the constitution which empowers Central Government to set up by and act of parliament, Administrative Tribunals which will foresee all the matters relating to service matters.[1]
The 42nd Amendment introduced article 323A and 323B to enable parliament to make law to constitute Administrative Tribunals to deal with certain disputes.
Article 323A governs everyone employed under union government, state government, local and other authorities and corporation controlled or owned by the government.
Article 323B states that not only Parliament but State legislature may also make laws.
2:-What is the jurisdiction of Administrative Tribunals?
The Karnataka High Court has clarified that the Administrative Tribunal constituted under the Administrative Tribunals Act 1985, has the jurisdiction to consider all matters 'concerning recruitment' which includes all decisions from the date of publication of notification inviting applications for the government job.[2]
3:- What is the Article 323A and 323B Amendment Act ?
It provide that parliamentary mein established tribunal for adjudiucation of disputes concerning recruitment and condition of service of person appointment to public service under Central ,state or any local or other authority, or a corporation owned or controlled by government.[3]
4:- Which part of the constitution is the Administrative Tribunals in?
(Part XIV -A )
The42nd constitutional amendment Act of 1976provide for the sitting up of the administrative tribunals in India. The original constitution did not contain many provision with respect of tribunals.The 42nd constitutional amendment added a new part XIV - A and article 323A to the Indian constitution.[4]
5:- What are the 5 tribunals in India?
Tribunals in India are quasi- judicial bodies for settling various administrative and tax- repated disputes, includingCENTRAL ADMINISTRATIVE TRIBUNAL (CAT), INCOME TAX APPELLATE TRIBUNAL (ITAT), CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL (CESTAT), NATIONAL GREEN TRIBUNAL (NGT), STATE ADMINISTRATIVE TRIBUNAL (SAT).[5]
6:-What is the Central Administrative Tribunals ?
The Central Administrative Tribunals has been established under Article 323Aof the constitution of adjudication of disputes and complaint with respect to recruitment and condition of service of person appointed to public service and post in connection with the affairs of the union or other authority under the control of the government.[6]
7:- What is the Income Tax Appellate Tribunals?
India's Income Tax tax appellate Tribunal was set up on 25th January 1941 and it was the first experiment in tribunalization in the history of India. It is second Appellate authority under the direct taxes and first independence forum in its appellate hierarchy.[7]
8:-What is the Custom ,Excise and Service Tax Appellate Tribunals?
The customs , excise and service tax appellate Tribunal is an India quasi-judicial body that hears appealsagainst orders and decision passed under the custom Act, 1962 and Central excise Act, 1944 as amend from time to time.[8]
9:-What is the National green Tribunals?
the National green tribunals act 2010 is an act of the parliament of India which enables the creation of special tribunals to handle the expeditious dissolve of the cases pertaining to environmental issue.[9]
10:- What is the State Administrative Tribunals?
An Administrative tribunals isa quasi-judicial institutions that deals with problems, such as resolving administrative disputes. In 1976 the Swaran Singh committee recommended the establishment of Administrative tribunals for adjudiucation of matters related to administration disputes.[10]
11: Excepations
SECTION 2 excludes the operation of the Act in respect of certain categories of persons specified therein. As such, no Tribunal can exercise any jurisdiction, powers and authority over these persons. The exceptions, thus, embodied in this section cover the three broad categories of Government servants discussed below.[11]
1:- MEMBER OF ARMED FORCE OF THE UNION
Under Clause (a) of section 2 excludes the members of the naval, military and air forces, and of any other armed forces of the Union, from the operation of the Act and thereby debars the Tribunal from exercising any jurisdiction in respect of these persons.[11]
2:- MEMBER AND STAFF OF THE JUDICIARY
Article 146 of the Constitution authorises the Chief Justice of India to make appointments of the officers and servants of Supreme Court and also to prescribe by rules their conditions of service. Likewise, under Article 229 the Chief Justice of a High Court is vested with the power to make appointments of officers and servants of the High Court and to make rules regulating their conditions of service.
The executive has no control in respect of these matters except that such rules, in so far as they relate to salaries, allowances, leave or pension require the approval of the President (in the case of the staff of the Supreme Court) and of the Governor (in the case of the staff of the High Court).
3:MEMBER OF THE SECRETARIAL STAFF OF THE LEGISLATURES.
Article 98 of the Constitution provides for a separate secretarial staff of the each House of Parliament. The Article empowers the Parliament to regulate the recruitment and conditions of service of persons appointed to the secretarial staff of either House of Parliament and until a law is made by the Parliament, the President may, after consultation with the Speaker of the House of People or the Chairman of the Council of States, as the case may be, make rules regulating the same.
Likewise under Article 187, each House of the Legislature of a State shall have a separate secretarial staff. Until provision is made by the Legislature of the State in this behalf, the rules regulating the recruitment and conditions of service of persons appointed to the said secretarial staff may be made by the Governor after consultation with the Speaker of the Legislative Assembly or the Legislative Council, as the case may be
Exercising this power, the parliament enacted the Administrative Tribunals Act 1985, in which the section 28 excluded the jurisdiction of the High Courts over the Tribunals. This was challenged before the Supreme Court in:
Case :-
1 :- SP SOMPAT KUMAR V/S UOI
IN THIS CASE ITS WAS HELD AT
5-judge Bench and all of them held that the act is totally valid as judicial review is only shifted from one authority to another.
The tribunal is the real substitute of the High Court and should be entitled to the powers of the High Court. Which implies that the tribunals is de Jure and de Facto substitute
Should have jurisdiction to decide the validity of any statute, rule, regulation and notification as High Court.
12:- Conclusion
Administrative tribunals are authority outside the ordinary coursestem which interpret and apply the laws when acts of public administration and questioned formal suits by the court or by other established method.
13:- Citation
1. shifa ,"introducation" available at :https://www.legalserviceindia.com.(last visited on November 19,2023)
2: Apeksha chaudhary," What is the jurisdiction of Administrative tribunals "available at :https://ccsuniversity.ac.in.(last visited on November 19,2023)
3:Gurpreet singh ,"What is the article 323A and 323B Amendment Act" available at : https://www.quora.com.( last visited on November 19, 2023)
4:Testbook app,"which part of the constitution is the Administrative tribunalin" available at :https://testbook.com.(last visited on November 20,2023)
5:Wikipedia ,"what are the 5 tribunals in india " available at :https://en.m.wikipedia.org.(last visited on November 20,2023)
6:byjus," What is the Central Administrative Tribunals" available at :https://byjus.com.(last visited on November20,2023)
7:Wikipedia," what is the income tax Appellate Tribunals" available at :https://en.m.wikipedia.org.(last visited on Novermber 20,2023)
8:Anil choudhary,"what is the customs,excise and tax appellate tribunals" available at :https://www.livelaw.in.(last visited on Novermber 21,2023)
9:Priti raj ,"What is the National Green Tribunals"available at :https://www.clearias.com.( last visited on Novermber 21, 2023)
10:Shubhang Gomasta," What is the state Administrative law" available at :( last visited on Novermber 21 ,2023)
11: shifa ,"Exceptions " available at : ( last visited on Novermber 21,2023)
