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Tribunal System In India- GS 2 Lesson- 4 Presented By ROMAN SAINI
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IN THIS LESSON Tribunal System In India Jurisdiction, Powers and Authority of Administrative Tribunals Power Of Judicial Review Under Constitution Appeals To The High Court And Supreme Court
Tribunal System In India Jurisdiction, powers and authority of a Joint Administrative Tribunal.-A Joint Administrative Tribunal for two or more States shall exercise all the jurisdiction powers and authority exercisable by the Administrative Tribunals for such States .Power to punish for contempt.-A Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Courts Act, 1971. A Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit. Exclusion of jurisdiction of courts except the Supreme Court under article 136 of the Constitution.- In relation to recruitment and matters concerning recruitment to any Service or post or service matters,
Tribunal System In India Decisions Of The Tribunal to be by majority- If the Members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, . But if the Members are equally divided, they shall state the point or points on which they differ, and make a reference to the Chairman who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Tribunal and . such point or points shall be decided according to the opinion of the majority of the Members of the Tribunal who have heard the case, including those who first heard it.
Tribunal System In India Power Of Judicial Review Under Constitution Power of judicial review has consistently been held to be a basic feature of the Constitution Basic features forming core structure of the Constitution cannot be affected otherwise, even the Constitutional amendments would be liable to be struck down. . The Constitution confers on the judiciary the power of judicial review which is exclusive in nature. Under the constitution, it is the responsibility of judiciary, to interpret the Constitution and the laws made thereunder Therefore, defining the contours of constitution of the Tribunals and the judicial control over them is necessary before undertaking any exercise of enacting a law.
Tribunal System In India Administrative Tribunals under Article 323-A could examine all the disputes pertaining to service conditions, including the constitutional validity of any Statute or rules except that of the Act under which that Tribunal is established. For challenging the constitutional validity of such an Act, one will have to approach the concerned High Court. Against an Administrative Tribunal's decision, a writ would lie to a High Court having jurisdiction over it and against such decision an appeal would lie to the Supreme Court under Article 136. Thus, it is clear that the judicial review among many other important aspect of the basic structure of the Constitution is indispensable and while creating any other mode of adjudication of disputes, the judicial review cannot be compromised with. .
Tribunal System In India The establishment of Tribunals is oriented towards the promotion of social goals which aims at dispensing collective justice to a large segment of the general public with the expertise in Administrative Law/principles . . It is therefore imperative that a provision for judicial review of decisions of the Tribunal is there to determine whether the Tribunal met the minimum standards of rationality. The Law Commission of India in its 162nd Report identified the need for a fair balance between the interests of State and the interests of individuals. It was observed that Courts can interfere with the jurisdiction of a Tribunal to the extent permitted by 'science of administrative law' because the paramount concern of Administrative Law is to protect the citizen from abuse of official power .
Tribunal System In India Appeals To The High Court And Supreme Court It is a settled legal proposition that the higher judiciary alone has the function of determining authoritatively the meaning of statutory enactment and to lay down the frontiers of jurisprudence of any body or Tribunal constituted under the Act. A Tribunal has to function under the Statute, whereas the higher judiciary is a Constitutional authority, which is entrusted not only with the task of interpreting the laws and the Constitution, but also to exercise supervisory control over the Tribunals. This position is contemplated under the Constitution and also pronounced by the Court in order to preserve the independence of judiciary while discharging sovereign functions of dispensing justice By creating Tribunals, this position cannot be diluted by a law made by the Parliament or State Legislatures.
Tribunal System In India The purpose of conferring supervisory jurisdiction and power of judicial review on the Constitutional Courts is to keep the Tribunals within their legal binds/authority. In fact, the powers of the High Courts under Article 227 are revisional in nature, while jurisdiction under Article 226 is considered as an exercise of original jurisdiction. . .When a Statute gives a right of appeal from Tribunal to a Court of law, it is ordinarily confined to on a point of law but questions of law must be distinguished from questions of fact The Supreme Court does not usually entertain appeals against an order ofa Tribunal unless appellant has exhausted the alternative remedies provided by the relevant law.
Tribunal System In India The High Court can call for the records from the Tribunal and can quash the complaint to prevent the abuse of the process of law to ensure that the administration of justice remains clean and pure. .In Shalini Shyam Shetty v. Rajendra Shankar Patil, the Supreme Court explained the scope of jurisdiction of the High Court under Article 227 of the Constitution observing that the High Court can interfere only to keep the Tribunals and Courts subordinate to it, 'within the bounds of their authority' In order to ensure that law is followed by such Tribunals and Courts by exercising jurisdiction which is vested in them and by not declining to exercise the jurisdiction which is vested in them. The main object of this Article 227 is to keep strict administrative and judicial control by the High Court on the administration of justice within its territory. .