Administrative Tribunals

Administrative Tribunal

There are several quasi-legislative and quasi-judicial functions in the executive. It has always been the duty of the judiciary to look after the disputes in the country, the functions of the government are increased with time. The executive has taken some work of the judiciary like levy of penalty, impositions of the fine. The state takes care of the social security and welfare of the citizens of its state, as it is the sovereign function of it. It is difficult for the courts to handle socio-economic issues. Due to this, there is the formation of administrative tribunals to look after the quasi-judicial issues.

Meaning of Administrative Tribunal

It is an administrative body that practices the power to judge over a formal matter. Administrative tribunals look after the quasi-judicial issues. It considers and judges all the socio-economic issues of the state. In other words, tribunals mean a bench that judges in a court of justice.

Constitutional Recognition

Under Articles 136, special constitutional recognition is given to the status of the tribunals which states that the supreme court has the special powers to give leave to appeal any judgement from tribunals like a decree, sentences, determination, or any authorised order.

In the same way, Article 227 gives utmost power to the high court to be higher over any decision made by the tribunal in the areas where they have jurisdiction. It is an administrative body that practises the power to judge over a formal matter.

Article 227 provides some authorities to be under the tribunal:

• Payment of wages authority
• Election tribunal
• Industrial tribunal
• Revenue tribunal
• Income tax tribunal
• Panchayat courts

Some authorities that are not under tribunal:

• Military tribunal
• Custom officers
• Preventive detention laws
• Domestic tribunals

Characteristics of the Administrative tribunal

These are the characteristics of the tribunals given by the supreme court of India:

• It should have only some elements of the court, not all
• It should be the statute originated
• The state grants the judicial powers that allow only judicial and quasi-judicial functions.
• The administrative tribunal should not intervene with the other administrative function as they are an independent body.

Jurisdiction of Central Tribunal

Under section 14 of the constitution, the central tribunal must exercise all the powers, jurisdictions, and authorities in the following matters that are discussed below:

• Recruitment of any civil services be it at All India level or civil post under the union defence services.
• All the employees of Indian civil services, local or any other authority within India should be under the control of government, corporation, or society.
• Should take care of all the service matters of persons who are placed by the state, local or any other type of authority, or any central government.

Advantages of administrative tribunal

• They are quick in hearing the case and deal with the speed.
• They are cheap due to no fees.
• The staff in the tribunals are specialised experts in a particular area.
• The atmosphere is informal.

Dis-advantage of the administration tribunals

• Few people in staff sometimes act so formally.
• There are some tribunals that act in private.
• They do not give reasons always, as under the Inquiries Act 1992, tribunals should give written or oral statements of the reasons if asked.
• Tribunals are not always government independent.
• Only some types of aid are available like land tribunals, employment appeal tribunal, and mental health tribunal.

Conclusion

It is an administrative body that practices the power to judge over a formal matter. They look after the quasi-judicial issues. Under Articles 136, special constitutional recognition is given to the status of the tribunals. The tribunal should not have interfered with the other administrative function as they are an independent body.

The staff in the tribunals are specialised experts in a particular area. These administrative tribunals help people in various matters in an informal way. Tribunals are not always government-independent. Articles 277 provides some authorities under the administrative tribunals, not all the authorities.

In the same way, Article 227 gives supreme power to the high court to be superior over any decision made by the tribunal where they have their own jurisdiction.