Tribunals and Administrative Tribunals

Share this post:

42nd Amendment added a new part XIVA to the Constitution for Tribunals: Administrative Tribunals (Art 323A) and Tribunals for other purpose (Art 323B)

 Administrative Tribunals:

  • Parliament may provide for the adjudication of disputes regarding to service matters of personnel of public service. 
  • This enables the Parliament to take out the matters of service of the civil courts and the HCs for speedy and inexpensive justice delivery. 
    (However, appeal lies in concerned HC first before going to SC)
  • Subsequently, the Parliament has passed the Administrative Tribunals Act 1985 to establish Central Administrative Tribunal (CAT) and State Administrative Tribunals (SAT). 

Central Administrative Tribunal (CAT):

  • With principal bench at Delhi, its jurisdiction extends to All India Services, Central Civil Services, Civil post under Central and Civilian employees of defence services
    (Exclusion: Defence Forces, Supreme Court, Parliament Secretariat)
  • Appointment: 1 Chairman and 65 members (maximum) by the President drawn from both judicial and administrative streams 
  • They enjoy the status of Judges of HC
  • Tenure: 5 years or 62 years (65 for Chairman)
  • Process: They are not bound by the CrPC, and are flexible in approach by the principle of natural justice.

State Administrative Tribunals (SAT):

  • The Administrative Tribunals Act 1985 empowers the Central Govt to establish SAT on the specific request of the State Govt.
  • SATs exercise original jurisdiction in the service matters of state govt employees. 
  • Appointment: By the President, (consulting with the Governor concerned)
  • The Act also empowers the Parliament for a Joint Administrative Tribunal (JAT) for two or more States on their request.

Tribunals for other purpose:

  • The Parliament, and well as State Legislatures are empowered to provide for the establishment of Tribunals for matters related to: 
    Taxation, Industrial and labour, Elections, etc.

Author: admin