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Tribunal System In India- GS 2 Lesson- 3 Presented By ROMAN SAINI
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IN THIS LESSON Tribunal System In India Tribunal System: A Global Perspective Establishment Of Tribunals And Its Composition Jurisdiction, Powers and Authority of Administrative Tribunals
Tribunal System In India Tribunal System: A Global Perspective .Almost all the nations have enacted laws dealing with the Tribunals within their Constitutional framework. In several countries, including France, though the adjudicatory forums other than the regular courts discharge the function of adjudication, the same is not considered as a judicial function and these forums are not recognised as Courts .The French judicial system provides for a special Tribunal known as the Tribunal des Conflits for disposing of conflicts that involve both judicial and administrative functions. However, the judicial review is not absolute in France as some administrative acts are exempted from the purview of judicial control
Tribunal System In India So far as the United Kingdom and India are concerned, the adjudicatory functions discharged by the institutions other than the regular civil and criminal Courts are treated as supplementary to the Courts. . A large number of Tribunals in England have been created to deal with various issues such as social security, property rights, employment, immigration, mental health etc Most of the Tribunals are concerned with the claims by citizens against the State. .Examples of tribunals which operate in the United Kingdom are Employment Tribunals which are concerned with the disputes between private individuals and organisations
Tribunal System In India Due to strict adherence to the doctrine of separation of powers, United States does not exercise administrative adjudication. According to the US Constitution, judicial power cannot be vested in administrative bodies which are not Courts. The power exercised by administrative Tribunals is not 'judicial but only 'quasi-judicial'. . .The essential attributes of judicial power are, the finality of decisions, free from any interference from the other two branches of the State, i.e., the Executive and the Legislature.
Tribunal System In India . The administrative justice sector in Canada is very large and well-established. Tribunal system, having distinct character and voice are considered as one of the two pillars of Canada's justice system. But the emergence of the Tribunal sector is a recent phenomenon which was established to regulate the aspects related to expanding economy, administration of social programs etc. Administrative Tribunals in Canada make decisions on behalf of the federal and the provincial Governments when it is impractical or inappropriate for such Government to do so. Administrative Tribunals are less formal than Courts and are not part of the Court system. However, they play an essential role in resolving disputes in the Canadian society
Tribunal System In India Establishment Of Tribunals And Its Composition Each Tribunal shall consist of A Chairman and such number of Judicial and Administrative Members as the appropriate Government may deem fit and Subject to the other provisions of Administrative Tribunals Act, 1985, the jurisdiction, powers and authority of the Tribunal may be exercised by Benches thereof . The Chairman shall hold office as such for a term of five years from the date on which he enters upon his office. .Provided that no Chairman shall hold office as such after he has attained the age of sixty-eight years.
Tribunal System In India A Member shall hold office as such for a term of five years from the date on which he enters upon his office extendable by one more term of five years .Provided that no Member shall hold office as such after he has attained the age of sixty-five years. .The conditions of service of Chairman and Members shall be the same as applicable to Judges of the High Court. The Chairman or any other Member shall not be removed from his office except by an order made by the President on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court. The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the Chairman or other Member. .
Tribunal System In India .One of the Constitutional requirement as outlined by the Supreme Court in numerous decisions is that persons qualified in law, having judicial training and adequate experience should be appointed to these Tribunals was to dispense effective justice. Since the Tribunals are entrusted with the duty of adjudicating the cases involving legal questions and nuances of law, adherence to principles of natural justice will enhance the public confidence in their working .The Judicial Member should be a person possessing a degree in law, having a judicially trained mind and experience in performing judicial functions.
Tribunal System In India Jurisdiction, powers and authority of State Administrative Tribunals The Administrative Tribunal for a State shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court) in relation to (a) Recruitment, and matters concerning recruitment, to any civil service of the State or to any civil post under the State; (b) All service matters concerning a person appointed to any civil service of the State or any civil post under the State and pertaining to the service of such person in connection with the affairs of the State.