TRIBUNALS
1. Introduction
- Tribunals are specialized judicial bodies established to address specific types of disputes or cases that require expertise in a particular area of law.
- These quasi-judicial entities operate alongside the regular court system and play a vital role in delivering efficient and expert-driven justice.
- Tribunals are designed to handle cases that involve technical or complex issues, providing a streamlined and accessible alternative to traditional courts.
- The Swaran Singh Committee advocated for the establishment of Administrative Tribunals as a part of the Constitutional adjudicative system. The original Constitution did not include provisions with respect to tribunals.
- 42nd Amendment Act of 1976: Added a new Part XIV-A (TRIBUNALS) to the Constitution.
2. Article 323A and Article 323B
- Article 323A empowers the Parliament to create administrative tribunals for the adjudication of disputes and complaints related to recruitment and conditions of service of persons appointed to public services.
- Article 323B empowers the states to establish tribunals for similar purposes within their respective territories.
- These articles provide the constitutional basis for the creation of administrative tribunals at both the central and state levels.
3. Types of Tribunals
- Administrative Tribunals: These tribunals deal with disputes arising from administrative decisions and actions taken by government agencies. Examples include the Income Tax Appellate Tribunal and the Central Administrative Tribunal.
- Statutory Tribunals: These are created by specific statutes to address particular types of cases. The National Green Tribunal and the Competition Appellate Tribunal are examples of such tribunals.
- Quasi-Judicial Tribunals: These tribunals have the authority to make binding decisions similar to courts but are not part of the regular judicial hierarchy. The Securities Appellate Tribunal and the Armed Forces Tribunal fall into this category.
4. Central Administrative Tribunal (CAT)
The Central Administrative Tribunal (CAT) is a quasi-judicial institution established under Article 323A of the Indian Constitution. Its primary function is to adjudicate disputes and complaints related to the recruitment and conditions of service of civil servants in the central government and other connected matters. CAT provides an alternative forum for resolving administrative and service-related grievances, thus relieving the burden on regular courts.
Qualification and Appointment of CAT Members:
- Judicial Members: A person is eligible to be appointed as a judicial member of CAT if they have held a judicial office in India for at least ten years or have been a member of the Indian Legal Service for a minimum of ten years.
- Administrative Members: An individual can be appointed as an administrative member of CAT if they have held a civil service position in a central government or state government for at least ten years.
Composition of CAT:
- Principal Bench: The Principal Bench of CAT is located in New Delhi. It exercises jurisdiction over cases from all over India and has the authority to transfer cases to different benches.
- Bench Composition: CAT has multiple benches located across various states and union territories. Each bench comprises one judicial member and one administrative member. These benches primarily hear cases related to their respective regions.
Term of Office:
- Tenure: The term of office for both judicial and administrative members of CAT is five years from the date of assuming office or until they attain the age of 65, whichever is earlier.
- Reappointment: Members are eligible for reappointment for another term of five years or until they reach the age of 67, whichever is earlier.
- Removal: Members of CAT can be removed from office only in the same manner and on the same grounds as judges of a High Court.
5. State Administrative Tribunal
- The Administrative Tribunals Act of 1985 empowers the Union government to establish the State Administrative Tribunals (SATs) at the specific request of the concerned state governments.
- Similar to the CAT, the SATs execute original jurisdiction in relation to recruitment and all service matters of state government employees.
- The chairmen and members of the SATs are selected by the President after consultation with the Governor of the state concerned.
6. Joint Administrative Tribunal
- Administrative Tribunals Act of 1985 also makes a provision for establishing a joint administrative tribunal for two or more states.
- A Joint administrative tribunal implements every jurisdiction and powers exercisable by the administrative tribunals for such states.
- The chairman and members of a Joint administrative tribunal are appointed by the President after consultation with the Governors of those states.
7. Some important Tribunals
7.1 Armed Forces Tribunal (AFT)
The Armed Forces Tribunal (AFT) is a specialized quasi-judicial body in India established to adjudicate disputes and matters related to armed forces personnel, veterans, and their families. Formed under the Armed Forces Tribunal Act, 2007, the AFT aims to provide a dedicated forum for addressing legal issues specific to the military community, ensuring timely and efficient resolution of their grievances.
Key Objectives and Jurisdiction:
- Comprehensive Jurisdiction: The AFT has jurisdiction over matters related to service conditions, including promotions, pay and allowances, pension, retirement benefits, and disciplinary proceedings concerning personnel of the Indian Army, Navy, and Air Force.
- Wider Scope: Apart from active personnel, the AFT extends its jurisdiction to cover retired armed forces personnel and their dependents, thus providing a comprehensive platform for addressing legal concerns across generations.
Composition and Structure:
- Principal Bench: The Principal Bench of the AFT is situated in New Delhi, and it exercises jurisdiction over the entire country. It deals with appeals, original applications, and other matters as prescribed under the law.
- Regional Benches: The AFT has established regional benches in various cities across India. These benches cater to specific geographic areas and hear cases within their respective regions.
- Composition of Benches: AFT benches are typically comprised of judicial members and administrative members. The judicial members are usually retired High Court judges, while administrative members are retired officers of the rank of Major General (or equivalent) or above.
7.2 National Green Tribunal (NGT)
The National Green Tribunal (NGT) is a specialized quasi-judicial body established in India with the primary objective of expeditious and effective disposal of cases related to environmental protection, conservation, and sustainable development. Formed under the National Green Tribunal Act, of 2010, the NGT addresses a wide range of environmental issues and plays a crucial role in safeguarding India's natural resources and ecological balance.
Key Objectives and Jurisdiction:
- Broad Jurisdiction: The NGT's jurisdiction extends to matters relating to the enforcement of environmental laws, including air and water pollution, forest conservation, biodiversity, and climate change.
- Wider Scope: The NGT's jurisdiction spans the entire country, allowing it to address environmental concerns across various regions and ecosystems.
Composition and Structure:
- Principal Bench: The NGT's Principal Bench is located in New Delhi, and it exercises jurisdiction over the entire country. It hears appeals, applications, and other matters as specified under the law.
- Zonal Benches: The NGT has established zonal benches in various parts of India, including the Northern, Southern, Eastern, and Western Zones. These benches are strategically located to handle cases from specific geographic areas.
- Composition of Benches: The NGT benches consist of judicial members and expert members. Judicial members are typically retired judges of the Supreme Court of India or High Courts, while expert members possess specialized knowledge in environmental sciences and related fields.
7.3 Income Tax Appellate Tribunal
Income Tax Act, 1961 under Section 252 provides that the Union Government shall constitute an Appellate-Tribunal comprising of many Accountant members and Judicial Members as it thinks fit to exercise the powers and functions conferred on the Tribunal by the Act.
8. Court of Law and Tribunal: Understanding the Differences
A court of law and a tribunal are both legal institutions that administer justice and resolve disputes, but they have distinct characteristics and functions. Here's a breakdown of the key differences between the two:
Composition and Structure:
- Court of Law: A court of law is typically presided over by a judge or a panel of judges. Judges are legal professionals with expertise in interpreting and applying the law. Courts of law operate within the formal judicial hierarchy of a country and are part of the established legal system.
- Tribunal: A tribunal is often composed of members who may include both legal experts (judicial members) and subject-matter specialists (expert members). The composition of a tribunal varies based on the nature of the cases it handles. Tribunals may operate alongside or independently of the regular court system.
Jurisdiction:
- Court of Law: Courts of law have general jurisdiction and can hear a wide range of civil and criminal cases, often based on legal principles and statutes. They deal with disputes that fall within their legal purview, including criminal offenses, civil disputes, and constitutional matters.
- Tribunal: Tribunals have specialized jurisdiction, focusing on specific areas of law or subject matters. They handle cases related to particular fields, such as administrative, environmental, tax, labor, or armed forces issues. Tribunals are established to provide expertise and efficiency in addressing disputes within their specialized domain.
Procedures and Informality:
- Court of Law: Courts of law follow formal legal procedures, including the rules of evidence and established court practices. The adversarial system is often used, where parties present their arguments, and the judge or jury decides the case based on the law and evidence presented.
- Tribunal: Tribunals may adopt less formal procedures compared to courts of law. They often emphasize flexibility and accessibility, allowing parties to present their cases without strict adherence to complex legal procedures. Some tribunals may use inquisitorial procedures, where the tribunal itself plays a more active role in seeking and presenting evidence.
Appeals:
- Court of Law: Decisions made by a court of law can generally be appealed to higher courts within the judicial hierarchy. The appeal process involves a review of legal errors, points of law, and evidence.
- Tribunal: Appeals from a tribunal's decision may follow a different process and might involve higher tribunals or specialized appellate bodies. The appellate process may focus on reviewing the application of law to the specialized subject matter.
Previous year Questions1. Which one of the following is the principal place of sitting of the National Green Tribunal? (UPSC CAPF 2015)
A. Kolkata
B. Hyderabad
C. Lucknow
D. New Delhi
Answer: D
2. How is the National Green Tribunal (NGT) different from the Central Pollution Control Board (CPCB)? (UPSC 2018)
1. The NGT has been established by an Act whereas the CPCB has been created by the executive order of the Government.
2. The NGT provides environmental justice and helps reduce the burden of litigation in the higher courts whereas the CPCB promotes cleanliness of streams and wells, and aims to improve the quality of air in the country.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: B
3. The National Green Tribunal Act, 2010 was enacted in consonance with which of the following provisions of the Constitution of India? (UPSC 2012)
1. Right to a healthy environment, construed as a part of the Right to life under Article 21.
2. Provision of grants for raising the level of administration in the Scheduled Areas for the welfare of Scheduled Tribes under Article 275(1).
3. Powers and functions of Gram Sabha as mentioned under Article 243(A).
Select the correct answer using the codes given below:
A. 1 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
Answer: A
4. Which of the following statements relayed to Central Administrative Tribunal are incorrect? (MPSC 2019 Mains)
(a) It is a constitutional body formed under Article 323 A of the Constitution.
(b) It is a statutory body established in 1985 under the Administrative Tribunal Act, 1985.
(c) Its members are drawn from administrative backgrounds only.
A. only (a)
B. only (b)
C. Both (a) and (b)
D. Both (a) and (c)
Answer: C
5. Which one of the following statements about the National Green Tribunal is not correct? (CDS 2019)
A. It was set up in the year 2010.
B. It is involved in the effective and expeditious disposal of cases relating to environmental protection and conservation of forests.
C. It may consider giving relief and compensation for damages to persons and property.
D. It is bound by the procedures laid down under the Code of Civil Procedure, 1908.
Answer: D
6. Which one of the following is not correct about Administrative Tribunals? (CDS 2019)
A. The Parliament may by law constitute Administrative Tribunals both at the Union and State levels.
B. Tribunals may look into disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services.
C. Tribunals established by a law of the Parliament can exclude the jurisdiction of all Courts to allow for special leave to appeal.
D. The law establishing the Tribunals may provide for procedures including rules of evidence to be followed.
Answer: C
Previous year Mains Questions1. How far do you agree with the view that tribunals curtail the jurisdiction of ordinary courts? In view of the above, discuss the constitutional validity and competency of the tribunals in India. (UPSC 2018). |
