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Tribunal System In India- GS 2 Lesson- 2 Presented By ROMAN SAINI
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IN THIS LESSON Tribunal System In India History Of Tribunal System (Cont'd)
Tribunal System In India Background and Significance of the Administrative Tribunals Act, 1985 . The objective behind establishing the 'Tribunals' was to provide an effective and speedier forum for dispensation of justice .But in the wake of routine appeals arising from the orders of such forums, certairn issues have been raised because such appeals are obstructing the constitutional character of the Supreme Court And thus, disturbing the effective working of the Supreme Court as the appeals in these cases do not always involve a question of general public importance. . The Supreme Court is primarily expected to deal with matters of constitutional importance and matters involving substantial question of law of general public importance
Tribunal System In India .Due to overburdening, the Supreme Court is unable to timely address such matters Though the term 'tribunal' has not been defined, but there are cases wherein Courts have laid down the requisites of tribunals. . In Jaswant Sugar Mills Ltd., Meerut v. Lakshmichand, it was held that to determine whether an authority acting judicially was a Tribunal or not, the principal test was whether it was vested with the trappings of a Court Such as having the authority to determine matters, authority to compel the attendance of witnesses, the duty to follow the essential rules of evidence and the power to impose sanctions. .
Tribunal System In India .Most of these tribunals/authorities are a kind of 'Court' performing functions which are of 'judicial' as well as 'quasi-judicial' nature having the trappings of a Court. It has many trappings of the court to ensure justice and fair play, and it has many flexibilities devoid of technicalities of regular court to ensure speedy and affordable justice. In Durga Shankar Mehta v. Raghuraj Singh, the Supreme Court of India held that the expression 'tribunal' according to Article 136 does not mean something as 'Court' but includes within it, all adjudicating bodies, provided they are constituted by State to exercise judicial powers as distinguished from discharging of administrative or legislative functions.
Tribunal System In India The Administrative Tribunals Act, 1985 The act brings into existence the 'Tribunals' contemplated under Article 323-A(2), to deal with various matters. The Act specifically provides that it will not be applicable to: Any member of the naval, military or air force or of any other armed forces of the union, . Any officer or servant of the Supreme Court or of any High Court, and Any person appointed to the secretarial staff of either House of Parliament or to the secretarial staff of any State Legislature or a House thereof or, in the case of a Union Territory having a legislature, of that legislature Later on in the year of 1987, even the officers and servants of the subordinate courts were also excluded from the purview of the Act
Tribunal System In India The Act provides for the establishment of three kinds of administrative Tribunals: i. The Central Administrative Tribunal, ii. The State Administrative Tribunals and iii. The Joint Administrative Tribunals With the enactment of Administrative Tribunals Act, 1985, a large number of cases relating to service matters pending before various Courts were brought within the jurisdiction of the Tribunals . They have been vested with the powers of Civil Court in respect of some matters including the review of their own decisions and are bound by the principles of natural justice .
Tribunal System In India Choksi Committee - 1977 .A Committee was set up to examine and suggest legal and administrative measures, for the purpose of simplification and rationalisation of Direct Tax Laws. .The Committee recommended the establishment of a "Central Tax Court" with an all-India jurisdiction, under a separate Statute. The recommendations of the Committee necessitated the amendment of the Constitution. . The Committee suggested the desirability of constituting "Special Tax Benches" consisting of judges having special knowledge of the subject in such cases, in High Courts, to deal with the large number of pending tax cases, by having, continuous sitting throughout the year. .
Tribunal System In India National Green Tribunal The Supreme Court, in M.C. Mehta v. Union of India, said that as environment cases involve assessment of scientific data, it was desirable to set up dedicated environment courts at a regional level with a Judge and two experts, keeping in view the expertise required for such adjudication. . There should be an appeal to the Supreme Court from the decision of the environment Court. . The judgment highlighted the difficulties faced by judges while disposing of environmental cases. . It further observed that, 'environment Court must be established for expeditious disposal of environmental cases'.