Administrative Tribunal and its Characteristics
- The Constitution (42nd Amendment) Act, 1976 made a provision for Article 323A and 323B authorizing the Parliament to constitute Administrative Tribunals for settlement of disputes and adjudicating matters.
- Every tribunal comes into existence by the Act of Parliament/Legislations and not by the Government.
- Under Article 136 of the Constitution of India, the Supreme Court is empowered to grant special leave to appeal from any judgment of tribunal.
- Under Article 227 of the Constitution of India, the High Court is empowered to exercise the power of superintendence over all tribunals in the State
- In the case of Bharat Bank Ltd. V/s. Employees [AIR 1950 SC 188], the Supreme Court specifically held that, although these tribunals share many of the trappings (or attributes) of a court of law and although they perform quasi-judicial functions, they are not full-fledged courts.
- Some Examples of Authorities which are held to be Tribunals in India
- Industrial Tribunal
- Income Tax Tribunal
- Rent Control Authority
- Central Administrative Tribunal (CAT)
- Some Examples of Authorities which are not held to be Tribunals in India
- Conciliation Officer
- Private Arbitrator
- Zonal Manager
- Customs Officer
- Characteristics of Tribunal
- Every tribunal comes into existence by the Act of Parliament.
- Every tribunal is independent and is not subject to administrative interference.
- Every tribunal discharge the quasi-judicial functions and such functions are different from the administrative or executive functions
- Every decision given by the Tribunal is judicial decision rather than administrative decision
- Every tribunal takes only practical and functional approach rather than theoretical and legalistic approach because the tribunal is not required to follow the strict rules of evidence and procedures
- Every tribunal is conferred with the discretionary powers
- The Writ of Certiorari and Prohibition are available as a judicial remedy or legal remedy against the Judgement or Decision of the Tribunal.
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