JUDICIAL REDRESSAL SYSTEM IN VARIOUS LEGAL SYSTEMS

A research proposal submitted in partial fulfilment for the course Administrative Law
for attaining the degree B.A., LL.B.(Hons.)

A Proposal made by Shubham

Roll-1764
B.A., LL.B.(Hons.)

A Proposal submitted to DR.FR.PETER LADIS F

May, 2020

Chanakya National Law University,

Nyaya nagar, Mithapur

Patna-800001

1|Page
 DECLARATION

I hereby declare that the work reported in the B.A.LLB (Hons.) Project Report entitled
“JUDICIAL REDRESSAL SYSTEM IN VARIOUS LEGAL SYSTEMS.” submitted at
Chanakya National Law University, Patna is an authentic record of my work carried out under
the supervision of Dr. FR. PETER LADIS F, I have not submitted this work elsewhere for any
other degree or diploma. I am fully responsible for the contents of my Project Report.

SHUBHAM

B.A., LL.B (Hons.)

Roll No. 1764

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

2|Page
 ACKNOWLEDGEMENT

This project consumed exorbitant amount of dedication & work, research. Still, implementation
would not have been possible if we did not have a support of many individuals. Therefore we
would like to extend our sincere gratitude to all of them.

First of all I am thankful to Dr. FR. PETER LADIS F,for providing necessary guidance
concerning projects implementation.

I also acknowledge the help of library staff and my hostel mates for their consistent and cordial
support.

NAME: SHUBHAM

ROLL NO: 1764

COURSE: B.A., LL.B. (Hons.)

SEMESTER: 2020-2021 (6th)

SESSION: 2017-2022

3|Page
 TABLE OF CONTENTS

INTRODUCTION…………………………………...........................Pg.05-06

Evolution of Judicial System in India………………………………...Pg.07-13

Indian Judicial System & Comparative study with other

Legal systems…………………………………………………………Pg.14-18

Administrative Adjudication: An Analysis…………………………...Pg.19-26

Features of Administrative Adjudication System in India……………Pg.27-31

Judicial Interpretation…………………………………………………Pg.32-35

Cover Up……………………………………………………………...Pg.36-40

Conclusion……………………………………………………………Pg.41-43

Bibliography………………………………………………………….Pg.44-45

INTRODUCTION
4|Page
Our Present Legal system is based on British Laws. Before that, the kings who ruled India
followed their own Personal or Religious Laws. India by virtue of its connection with Indus
Valley Civilization has one of the most ancient civilized systems in the world. The concept of
Nyaya can be traced back to the religious scriptures like Ramayana, Mahabharata, Smriti and
Vedas. The picture of modern Law will give a distorted and pervert picture if we begin with the
perception that the legal system began today only or few centuries ago. The past traditions and
development have led the foundation for present legal system. Without proper historical
background it may be difficult to appreciate as to why particular system is as it is. There are
various authors describing the history of Indian legal system in different ways. But no theories
had same explanation relating to Indian legal history, all had different stories. So after going
through various books and transcripts, I have arrived at a idea to project my views on this topic
in a way that is more easy and clear to understand. Without going through the legal system that
prevailed in the each phase in India, one cannot learn the legal system of the present India. This
paper attempts to study the systematic evolution of the legal system in India in each phase of the
country

The independence of the country has brought many aspirations and expectations for the citizens.
India is the largest democracy in the world and for maintaining and strengthening such
democratic status, it is necessary that the rule of law be made to prevail.

The Preamble to the Constitution itself aims at securing social, economic and political justice for
all the citizens. The goal of justice is to be achieved through the instrument of law and therefore
Parliament and State Legislature have enacted the Laws, which aim at securing the broad
objectives of the State. Another important development after independence is that tremendous
increase in the delegated legislation, which includes laws, byelaws notifications etc. The level of
education of citizens has gradually increased and literacy rate in the country is 52%. The
education has brought more consciousness among the people about their rights and they look
forward -to the judicial system to enforce the remedies under the Law. In India at present there
are about 2500 Central Acts and the State Legislatures also have enacted substantial laws which
have vital influence on volume of litigation.

5|Page
The rights to Constitutional remedies have been recognised as fundamental right. The
Constitution provides that the right to move that the Supreme Court by appropriate proceedings
for the enforcement of fundamental right is guaranteed. The Supreme Court has power to issue
directions or issue order or write including write in the nature of habeas corpus, mandamus, quo
warranto, prohibition, certiorari whichever may be appropriate for enforcement of any of the
aforesaid rights. The Parliament can by law empower any other court to exercise within its local
limits or any of powers exercisable by Supreme Court. This right can not be suspended except as
otherwise provided by the Constitution. Only fundamental rights can be enforced under this
article, writ cannot lie for enforcement of Government policies or directive principle. The
provision also does not cover the question of legislative competence of impugned law or vires of
a particular enactment.

6|Page
 EVOLUTION OF JUDICIAL SYSTEM IN INDIA

According to (Paranjape), Law in India has evolved from religious prescription to the
current legal system and constitution, crossing through the common law and secular
legal system1 . (Priyanath), mentions that India has the oldest judiciary in the world and
no other country’s judicial system has a more ancient legal system. According to (Jois),
Hindus used the concept of Dharma which tells how human beings should lead their life.
(Hakeem et al.), mentions that individual sultans had very high ideals of justice and
rendered them properly. According to (Kulshreshtha and Gandhi), the British ruling
came into India by the Charter 1600 which was given by the Queen Elizabeth I to East
India Company, permitting the company to enter trade and commerce 2 . (Singhvi and
Singhvi), mentions that the East India Company entered to various places with the
permission of respective kings ruling that particular region. According to (Roy and
Swamy), British administered Bombay, Madras and Calcutta and these towns were
called as Presidency towns. According to (Minattur (Hrsg.) and (Hrsg.)), leaders like
Jawaharlal Nehru and Mahatma Gandhi are the main energy and scope behind the
formation of constitution. (Singh), mentions that the Indian Legal system has evolved as
world’s largest democracy from the artifice of colonial invasion. (Pandey and Srivastava),
the judicial body adjudicates disputes in the areas assigned to them 3 . According to Jain),
the structure and process behind the rules and regulations led to the expansion of legal
system. (Lingat and Derrett), mentions that the present legal system is formed and
evolved as a result of various struggles undergone during various phases 4 .

Legal System in Hindu Period

Sources of Hindu Law

1
Paranjape, N. V. Studies in Jurisprudence and Legal Theory. 2001
2
Kulshreshtha, Visheshwar Dayal, and B. M. Gandhi. V. D. Kulshreshtha’s Landmarks in Indian Legal History and
Constitutional History. 2005.
3
Pandey, Jai Narain, and Surendra Sahai Srivastava. Constitutional Law of India. 2014.
4
Lingat, Robert, and John Duncan Martin Derrett. The Classical Law of India. Oxford University Press, USA, 1998.

7|Page
It is believed that the Hindu law is a divine law. It was revealed to the people by God
through Vedas. Various sages have expounded and refined the conceptual ideas of life
mentioned and explained in the Vedas (Priyanath) 5 .
Sources of Hindu law was divided into:

1. Ancient sources: Shruthi, Smiriti, Commentaries and Digest, Customs.

2. Modern sources: Equity, Justice and Good Conscience, Precedent, Legislation During
Hindu regime, the judicial administration was based on the concept of Dharma.

Concept of Dharma:
Dharma literally deals with duty, religion and inseparable quality of the thing or order.
It is formed based on the Vedas such as Smiriti and Sruthi (Lingat and Derrett) 6 . Dharma
was derived from Vedic concept Rita which means straight line. Rita means Law of
Nature. Dharma signifies moral laws based on righteousness. Dharma is anything that is
right, just and moral. Dharma aims for the welfare of the state and mainly to its people.

Judicial Administration of Ancient India

In those days there was no reference for Judicial Organization in Vedic Literature. Later
after the Kings rulings, the Judicial Administration came to existence through the
concept of Dharma. Kings were the head of the Justice.

Types of Court
1. Kings Court: This court was presided by king to render justice. Brahmanas adviced the
king and they were called Adhyaksha or Sabhabathi. Apart from king, the court consists
of Pradivivaka- chief Justice and three juris (Jatar and Paranjape) 7.
2. Principal Court: This Court were existed in large towns to hear the disputes.

5
Priyanath, Sen. “The General Principles of Hindu Jurisprudence. By Priyanath Sen, M.A., D.L. Published by the
University of Calcutta. 1918.” Journal of the Royal Asiatic Society of Great Britain & Ireland. Royal Asiatic Society
of Great Britain and Ireland, vol. 52, no. 01, 1920, p. 118.
6
Lingat, Robert, and John Duncan Martin Derrett. The Classical Law of India. Oxford University Press, USA, 1998.
7
Jatar, Nilakshi, and Laxmi Paranjape. Legal History: Evolution of the Indian Legal System. 2012.

8|Page
3. Kula: Mitakshara as consisted of a group of relations, near or distant. When quarrel
occurred by the family members, it was solved by the elders of the family. It is a type of
a informal court.
4. Sreni: If the family dispute not settled in Kula system, then the matter was taken to
Sreni Court. And the sreni court heared guild disputes and settled commercial matters in
ancient india.
5. Puga: This was an association of persons drawn from various castes and following
different profession. This is also an informal court.

Legal System in Medieval Period

Sources of Muslim Law

1. Primary sources: The sources that the Prophet Mohammad directed will be the
primary sources. These are to be followed in their respective order of priority. They
are also called formal sources. The whole of Muslim personal law is based on these.
Primary sources: Quaran, Sunna or Ahadis, Ijma, Qiyas.
2. Secondary Sources: These sources explain or modify the primary sources. They deal
with the needs of the Islamic society in the modern era. These are also called
extraneous sources. Some of the personal rules may find places in the sources, e.g.,
customs. Secondary Sources: Urf or Taamul (Customs), Judicial Decisions,
Legislations.

Political Administration of Medieval India

Towards the end of the 11th Century and the beginning of the Twelfth Century, began a
downfall of the Hindu Period. Arabs were the first Muslims who came to India. They
came in the eighth Century and settled down in the Malabar Coast and in Sind. The Two
Muslim rulers Ghazni who had visited India for trading purpose and Ghori who entered
into India defeated the Hindu Kingdoms. They both are Turk rulers. The Political theory
of Muslims was governed by their religion.. It was based on the teaching of Quran,

9|Page
Traditions of the Prophet and the Precedent. The Teaching laid the Fundamental
Principles (Srivastava)8 . Quran does not defined about the Political Institutions. Political
Ideas were given by Greek Philosophers. Sovereignty of Muslims were belongs to God
and the Muslim Kings the servants to God. The Political Concepts of Legal Sovereignty
was based on Sharia Law and Islamic Law and Shia Law (Bhansali) 9 .

Judicial Administration of Medieval India

The Judicial Administration of Medieval India was divided under the following two
heads:

1. Administration of Court System during the Delhi Sultan (1206-1526)

2. Administration of Court system during the Mughal Period (1526-1755)

Administration of Court System during the Delhi Sultan (1206-1526)

In medieval India the Sultan, being head of the state, was the supreme authority to
administer justice in his Kingdom. The Administration of Justice was one of the
important functions of Sultan, which was actually done in his name in three capacities.
➢ Diwan-E-Qaza (Arbitrator)
➢ Diwan-E-Mazalim (Head of bureaucracy)
➢ Diwan-E-Siyasat (Commander-in-chief of Forces)

The Judicial system under the Sultan was organized based on the administrative
divisions of the Kingdom. A systematic classification and gradation of the courts existed
at the seat of the capital. The powers and Jurisdiction of each Court was clearly defined
(Rama Rau). Courts which were established at the capital of the sultanate, may be
stated as follows:

8
Srivastava, Ramesh Chandra. Development of Judicial System in India under the East India Company, 1833-1858.
1971
9
Bhansali, Sanwat Raj. Legal System in India. 1992.

10 | P a g e
1) The Kings Court: The Kings Court presided over by the sultan, exercised both original
and appellate Jurisdiction on all kinds of cases. It was the highest court of appeal in the
realm. The sultan was assisted by two reputed Muftis highly qualified in laws..

2) The Court of Diwani-E-Mizalim: It is the highest court of criminal appeal

3) The Court of Diwani-E-Risalat: It is the highest court of Civil Appeal. The above two
courts presided over by Sultan but in his absence, the Chief Justice Qazi-ul-Quzat
presided over these court.

4) Sadre Jehan’s Court and Chief Justice Court: Were the Separate Court attated with
the chief justice court for assistance.

Administration of Court System during Mughal Period 1526 to 1755

During the Mughal Period, the emperor was considered as the Fountain of Justice. At
Delhi, which was the capital of the Mughal Emperors in India, three important courts
were established.

1) The Emperors Court: The Emperor Court was the highest Court of the Empire. The
Court had Jurisdiction to hear original civil and Criminal Matters.

2) The Chief Court: It is the next Important Court at delhi and it was presided over by the
chief justice to hear civil and criminal matters and hears appeals from the provincial
courts.
3) The Chief Revenue Court: It is the third important court at Delhi and it was the
highest Court of appeal to decide revenue cases and it was presided over by Diwan-e-
ala.

11 | P a g e
Legal System in British Period

The custom-based law system – a system of law in view of recorded legal points of
reference came to India with the British East India Company (Srivastava) 10. The company
was allowed sanction by King George I in 1726 to build up "Mayor’s Courts" in Madras,
Bombay and Calcutta. Legal components of the company expanded extensively after its
triumph in Battle of Plassey and by 1772 company's courts stretched out from the three
important towns (Roy and Swamy)11. At the same time, the company bit by bit
supplanted the current Mughal legal system in those parts. Following the First War of
Independence in 1857, the control of company regions in India go to the British Crown.
Being a piece of the realm saw the following huge move in the Indian legal system.
Incomparable courts were built up supplanting the current numerous oral courts. These
courts were changed over to the fundamental High Courts through letters of licenses
endorsed by the Indian High Courts Act pass by the British parliament in 1862
(Sharma)12. Superintendence of lower courts and enrolment of law specialists were
deputed to the individual high courts. Amid the Raj, the Privy Council went about as the
most astounding court of offer. Cases before the chamber were mediated by law rulers
of the House of Lords. The state sued and was sued for the sake of the British sovereign
in her ability as Empress of India. Amid the move from Mughal legal system, the
advocates under that regime, "vakils", too took action accordingly, however they
generally proceeded with their before part as customer agents. Resulting principles and
statutes finishing in the Legal Practitioners Act of 1846 which opened up the calling
paying little mind to nationality or religion (Hamid). Coding of law additionally started
decisively with the shaping of the principal Law Commission. Under the stewardship of
its director, Thomas Babington Macaulay, the Indian Penal Code was drafted,
established and brought into constrain by 1862 (Keith). The Code of Criminal Procedure

10
Srivastava, Ramesh Chandra. Development of Judicial System in India under the East India Company, 1833-1858.
1971.
11
Roy, Tirthankar, and Anand V. Swamy. Law and the Economy in Colonial India. 2016.
12
Sharma, S. P. Indian Legal System. Mittal Publications, 1991.

12 | P a g e
was additionally drafted by a similar commission. Host of different statutes and codes
like Evidence Act (1872) and Contracts Act (1872).

Legal System after Independence (Modern India)

The independence of India brought about certain inescapable changes in the structure
of the judiciary, the hugest of which was the substitution of the Supreme Court in the
place of Privy Council as an extreme court of request (Puri). The present Judicial system
in India comprises of a various leveled system of courts. Liberal arrangements exist for
taking interests from the lower to the higher courts. The Supreme Court, the most
noteworthy court of the arrive, implements an elevated requirement of equity and
advances a basic way to deal with the law all through the nation.

13 | P a g e
 INDIAN JUDICIAL SYSTEM AND COMPARATIVE STUDY
WITH OTHER LEGAL SYSTEMS

COMPARATIVE STUDY WITH GERMAN LEGAL SYSTEM:

Federal Republic of Germany is having 16 States after its reunion in 1989. The states are
known as Lander. The system of legal protection against action of public authority is
quite comprehensive. In comparison to India the number of laws are less. There is Civil
Procedure Code and Criminal Procedure Code like India, independence of judiciary is
guaranteed in article 97 in para 1 of the Basic law of Germany, which is on the same
footing as Constitution of India13. The German judiciary regulates the status judges.
The courts are divided in to following five categories GERMAN COURTS
(a) Ordinary Courts.
(b) Labour Courts.
(c) Administrative Courts.
(d) Social Courts.
(e) Fiscal Courts.

These courts function in ail the States. Apart from the aforesaid specialised courts, there
is federal constitutional court, which is Supreme Court of the country. There are
approximately 20,000 judges and 60,000 lawyers. There are 4,000 public prosecutors 14.
The role of Public Prosecutor is wide. They have to decide whether proceedings should
be discontinued or the person should be indicted. The German courts excel in terms of
function, technology applications and effective computer network is there.

The judges are classified into following categories:

1. Judges for life.
2. Judges for specific term.
3. Judges on probation.

13
ARTICLE 141, CONSTITUTION OF INDIA
14
LEGAL AND JUDICIAL STRUCTURE OF GERMANY, ART. BY SHRI J. N. BHATT IN GUJARAT LAW
REPORTER, SEPT.1998

14 | P a g e
4. Judges on commission. The system also provides for appointment of Honorary Judges.
The pendency of cases in German Courts compared to India is less, but the exact data is
not available.

FRENCH LEGAL SYSTEM

Roman laws have considerable influence on all legal systems of Europe including
France.
In France for dispensation of Civil Justice the hierarchy of courts is as given below:
1. TRIBUNAL D’INSTANCE It is the smallest court for population of 5.8 crores of
France.There are 468 such courts.
The court exercises Administrative, Extra Judicial and judicial functions. In money
suits and personal actions its jurisdiction is upto 2500 Francs in cases without right
of appeal and 10000 Francs in cases with right of appeal.

2. TRIBUNAL DE GRANDE INSTANCE It is principal court of original jurisdiction and

has got full power in all civil matters. It decides matters upto 3500 francs without
right of appeal and all cases with right to appeal. There are 181 such courts.

3. GOURD’ APPEL It decides appeals against all appeliable decisions passed by the
Tribunals referred above. There are 30 such courts of appeal.

4. COUR DE CASSATION It is the apex court. It is not a court of second appeal. It deals
only with law points. Only in following matters this court can be approached:

i) Violation of law (substantive or procedural)

ii) Absence of jurisdiction or excess of power
iii) Substantial formal defects which made the impunged judgement highly
irregular.
iv) Contradiction ofjudgements.
v) Lack of legal basis.
vi) Dematuration of a deed. (Court going beyond clear and precise meaning of
written document)

15 | P a g e
5. TRIBUNAL OF CONFLICTS
France has two sets of courts. Judicial Courts come under cour de cessation as apex
court and other called administrative tribunals (conseil d’Elat) as apex court. if there
is any conflict as to which court should decide the matter should go to this Tribunal
for such decision.
CRIMINAL LAW The French criminal Law distinguishes the offences into 3
categories.
a) Violation
b) Misdemeanor
c) Felony The courts which try various type of offences in France are as under:

COURT TYPE OF OFFENCES

i) Sessions Court Felony
(in each dist.)
ii) Tribunal de Grande Instance Misdemeanor
iii) Tribunal de Police Violation

Appeals in the matter lies to Tribunal de appeal.

There can be more than one tribunal in large cities. In Paris there are 20 criminal
benches. There is division of police known as judicial police. The criminal courts can not
suo motu take cognizance of offence. It should be initiated by prosecuting agency or the
victim. Usually Procureur de la Republic is informed of the offences and he investigates
whether any triable offence is committed. **85 in France superior court of Justice deais
with matters like high treason state security etc. Compared to Indian system, the time
for filing appeal is less in France. The delay and backlog of cases also is less. The matters
are decided in two years in France.

16 | P a g e
JUDICIAL SYSTEM OF UNITED KINGDOM

The UK system has been considered to be the fountainhead of all other legal systems
because the Britishers at one stage ruled substantial part of the world.
Britain does not have written constitution.

The system has the following institutions

THE SUPREME COURT OF JUDICATURE :

Originally established in 1873 under Supreme Court of Judicature Act. From 1972
consists of her Majesty’s court of appeal, High Court of Justice and Crown’s Court 15.

HOUSE OF LORDS:
It is the Upper chamber of British Parliament. It comprises of the Lords spiritual and
Lords temporal and certain number of Scottish bears. The House of Lords is court of final
appeal in most civil cases and has jurisdiction over impeachment 16.

KING’S (QUEEN'S BENCH)

It is one of the superior courts of Common Law in England, being so because king used
to sit there in person. During queen’s regime it is called Queen’s Bench. It consisted of
Chief Justice and 3 puisne judges. It had very wide jurisdiction in criminal and civil
causes. Criminal was called crown side and civil was called plea side. By Judicature Act,
1873 the jurisdiction of this court was assigned to Queen's Bench Division of High Court
of Justice.

PRIVY COUNCIL:
The Judicial committee of Privy Council acts as a Court of Ultimate Appeal in various
cases from Crown Colonies and Common Wealth. It is replaced to a great extent by
cabinet17.

15
BLACK’S LAW DICTIONARY, 6th EDITION PAGE 739
16
HALSBURY’S LAWS OF ENGLAND, 4th EDITION, VOLUME 10, PAGE 394.
17
BLACK’S LAW DICTIONARY 6th EDITION PAGE 1260

17 | P a g e
HIGH COURT OF PARLIAMENT Has the original and appellate jurisdiction.

COUNTRY COURTS:
In England Country Courts are the main Civil Courts. Their powers have been defined
under Courts Act 1984, the Courts Act 1971 and Administration of Justice Act 1973 18.
They also have appellate jurisdiction. Their functions are strictly judicial or strictly
administrative or combination of both, or only civil/criminal jurisdiction etc. The United
Kingdom thus has a well-knit system of Courts. The jurisdiction to an extent seems
overlapping but it is well regulated by precedents and conventions. Thejudicial system in
India is, though not an exact prototype of UK model bears considerable common
aspects with them.

18
HALSBURY’S LAWS OF ENGLAND, 4th EDITION, VOL.10, PAGE 650

18 | P a g e
 ADMINISTRATIVE ADJUDICATION : AN ANALYSIS.
INTRODUCTION: Welfare nature of government is the evolutionary
goal of probably every kind of government these days in this
contemporary world. There has been a phenomenal increase in the
functions of the government, which has lent enormous powers to the
executive and also led to increase in the legislative output. This has led to
more litigation, restrictions on the freedom of the individuals and constant
frictions between them and the authority. The development of welfarism
led to an increase in governmental functions and the executive saw in this
a need to perform a number of quasi- legislative and quasi- judicial
functions, thus blurring the traditional positions of the various wings of the
government under the doctrine of separation of powers, under which the
powers of the government were divided between the legislature, executive
and the judiciary which were to be entrusted with the power of making
law, executing it and interpreting the law respectively.

But now these welfare states changed radically and involve itself in the
hosting of wide socioeconomic activities; for example: providing health
services, education , industrial regulation and other allied welfare
measures. Now where there is these kind of activities; disputes are certain
and obvious. The issues which arose from disputes on such matters raised
not only legal matters but also matters which affect the society at large.
The constitution and function of our court system is very traditional as
well as inefficient. The inherent procedural limitations made it difficult for
the courts to dispose these cases promptly thus leading to a huge backlog
of cases in all levels of the judiciary. Courts therefore became deluged
with litigations arising directly and incidentally from such increased
governmental interventions. It was also felt in many quarters that the
members of the judiciary were neither adequately trained nor equipped to
deal with the complex socio-economic and technical matters at hand. Thus

19 | P a g e
 it was felt specialised adjudicatory bodies such as tribunals needed to be
created to resolve such disputes fairly and effectively.

Tribunals are a “Judgment seat; a court of justice; board or committee

appointed to adjudicate on claims of a particular kind”19. The essence of
the meaning of the word tribunal which can be culled out from the various
Supreme Court authorities is that they are adjudicatory bodies (except
ordinary courts of law) constituted by the State and invested with judicial
and quasijudicial functions as distinguished from administrative or
executive functions. Administrative tribunals have emerged not only in
India but also in many other countries with the objective of providing a
new type of justice - public good oriented justice. These tribunals manned
by technical experts, with flexibility in operations, informality in
procedures have gained importance in the adjudication process.

According to Seervai, „the development of administrative law in a welfare

state has made „administrative tribunals a necessity'.20 Administrative
tribunals are authorities outside the ordinary court system, which interpret
and apply the laws when acts of public administration are questioned in
formal suits by the courts or by other established methods. They are not a
court nor are they an executive body. Rather they are a mixture of both.
They are judicial in the sense that the tribunals have to decide facts and
apply them impartially, without considering executive policy. They are
administrative because the reasons for preferring them to the ordinary
courts of law are administrative reasons. The Supreme Court in Jaswant
Sugar Mills v.Lakshmi Chand21 laid down the following characteristics
or tests to determine whether an authority is a tribunal or not:

 Power of adjudication must be derived from a statute or statutory rule.

 It must possess the trappings of a court and thereby be vested with the

19
Thakker, C.K., Administrative Law, Eastern Book Company: Lucknow, 1996, p.226.
20
Serwai ,HM, Constitutionsl law of India
21
AIR 1963 SC 677 at 687

20 | P a g e
 power to summon witnesses, administer oath, compel production of
evidence, etc.

 Tribunals are not bound by strict rules of evidence.

 They are to exercise their functions objectively and judicially and to

apply the law and resolve disputes independently of executive policy.

Tribunals are supposed to be independent and immune from any

administrative interference in the discharge of their judicial functions.

EVOLUTION OF TRIBUNAL SYSTEM IN INDIA

In India, administrative adjudication increased after independence and

several welfare laws were promulgated which vested the power on
deciding various issues in the hands of the administration. The modern
Indian Republic was born a Welfare State and thus the burden on the
government to provide a host of welfare services to the people was
immense. These quasi judicial powers acquired by the administration led
to a huge number of cases with respect to the manner in which these
administrative bodies arrived at their decisions. The Courts held that these
bodies must maintain procedural safeguards while arriving at their
decisions and observe principles of natural justice-their opinions were
substantiated by the 14th Law Commission Report.22 In order to avoid
clogging the judicial machinery with cases which would have arisen by
the operation of these new socio-economic legislations, a number of
tribunals were established by the government. The tribunals were
established with the object of providing a speedy, cheap and decentralised
determination of disputes arising out of the various welfare legislations.23
Another important reason for the new development is that law courts, on
account of their elaborate procedures, legalistic fronts and attitudes can

22
Nayak,R., Administrative justice In India, Butterwoths : New Delhi, 1989, p.38
23
Jain,M.P., Principles of Administrative Law, Wadhwa & Company : Nagpur, 1996, pp.246-248

21 | P a g e
hardly render justice to the parties concerned, in technical cases. Ordinary
judges, brought up in the traditions of law and jurisprudence, are not
capable enough to understand technical problems, which crop up in the
wake of modem complex economic and social processes. Only
administrators having expert knowledge can tackle such problems
judiciously. To meet this requirement, a number of administrative
tribunals have come into existence.

In India such tribunals were set up immediately after independence. In

fact, the most important adjudicatory function is carried out by statutory
tribunals created by the legislature to adjudicate upon certain disputes
arising from administrative decisions or to determine issues judicially.

The Railway Rates Tribunal, the Income Tax Appellate Tribunal, Labour
Tribunals, the Companies Tribunal, various Compensation Tribunals,
Revenue Courts of various States, etc., can be cited as examples of such
tribunals. Regarding the problem of backlog and delayed disposal of case
the Government set up the Administrative Reforms Commission in
1967. It was to examine the problem, suggests solutions and also to
recommend the suitable areas in which tribunals could be set up,
according to this commission The reasons for the growth of administrative
tribunals are as follows:

1. Inadequacy of the traditional judiciary to effectively decide

administration-related matters especially when it came to technicalities.

2. The traditional judiciary was seen to be slow, costly and excessively

procedural.

The Commission also recommended the establishment of independent

tribunals in the following areas:

 Service matters and dispute of employees under the state

22 | P a g e
  Orders of assessment on adjudication under Customs, Central Excise,
Sales Tax and orders under the Motor vehicles Act.

Period of emergency played a crucial role in the evolution of tribunals in

India. There were clear signals that the executive did not want the
judiciary to interfere with their developmental plans and other such
decisions. Such as removing disputes regarding elections to the office of
President, Prime Minister and Speaker of the Lok Sabha beyond judicial
Scruitiny.24 Hence in 1976 the issue was discussed at the Conference of
Chief Secretaries and from amongst all these discussions and the reports
of the various bodies stated above, Parliament enacted the
42ndConstitution (Amendment) Act, 1976 inserting Articles 323A and
323B which provided for the establishment of administrative and other
tribunals to deal with the matters specifically provided for.

The main distinction that can be made out between article 323A and 323B
is that while 323A allows for the Parliament to by law provide for
administrative tribunals to adjudicate disputes, 323B allows for the any
“appropriate legislature”, to by law create an administrative tribunal for
the adjudication of disputes.

ADMINISTRATIVE TRIBUNALS ACT, 1985

In pursuance of Art 323-A Parliament has passed the Administrative

Tribunals Act, 1985 covering all matters falling within the clause (1) of
Article 323- A. This Act authorizes central government to establish
administrative tribunals for central services and on the application of
States even for States services as well as for local bodies and other
authorities including public corporation. From the date of establishment of
tribunals all courts except the Supreme Court under Art 136 lose their

24
“Tribunalisation in India” http://legalsutra.org/1446/tribunalisation-in-india/ as on 16th October, 2011.

23 | P a g e
 jurisdiction with respect to the matter falling within the jurisdiction of the
tribunals. A tribunal shall consist of Chairman and such number of Vice-
Chairmen and other members as appropriate Government may deem fit.
They are appointed by the President in the case of Central tribunals and by
the President in consultation with the Governors or Governors in case of
State or joint Tribunals. The qualifications regarding that are laid down in
the Act.25

Other aspects regarding administrative Tribunals are being discussed

below different headings and sub-headings.

TYPES OF ADMINISTRATIVE TRIBUNALS

There are different types of administrative tribunals, which are governed

by the statues, rules, and regulations of the Central Government as well as
State Governments.

Central Administrative Tribunal (CAT) The enactment of

Administrative Tribunals Act in „1985 opened a new chapter in
administering justice to the aggrieved government servants. It owes its
origin to Article 323 A of the Constitution which empowers the Central
Government to set up by an Act of Parliament, the Administrative
Tribunals for adjudication of disputes and complains with respective
recruitment and conditions of service of persons appointed to the public
services and posts in connection with the Union and the States.

The Tribunals enjoy the powers of the High Court in respect of service
matters of the employees covered by the Act. They are not bound by the
technicalities of the Code of Civil Procedure, but have to abide by the
Principles of Natural Justice. They are distinguished from the ordinary
courts with regard to their jurisdiction and procedures. This makes them
25
Administrative Tribunals Act, 1985 http://cgat.gov.in/act.htm as on 18th February,2017

24 | P a g e
free from the shackles of the ordinary courts and enables them to provide
speedy and inexpensive justice.

The Act provides for the establishment of Central Administrative Tribunal

and State Administrative Tribunals. The CAT was established in 1985.
The Tribunal consists of a Chairman, Vice-Chairman and Members. These
Members are drawn from the judicial as well as the administrative
streams. The appeal against the decisions of the CAT lies with the
Supreme Court of India.

Customs and Excise Revenue Appellate Tribunal (CERAT)

The Parliament passed the CERAT Act in 1986 The Tribunal

adjudicate disputes,. Complaints or offences with regard to customs and
excise revenue. Appeals from the, orders of the CERAT lies with the
Supreme Court

Election Commission (EC)

The Election Commission is a tribunal for adjudication of matters

pertaining to the allotment of election symbols to parties and similar other
problems. The decision of the commission can be challenged in the
Supreme Court.

Foreign Exchange Regulation Appellate Board (FERAB)

The Board has been set up under the Foreign Exchange Regulation Act,
1973. A person who is aggrieved by an order of adjudication for causing
breach or committing offences under the Act can file an appeal before the
FERAB.

Income Tax Appellate Tribunal

25 | P a g e
This tribunal has been constituted under the Income Tax Act, 196 1. The
Tribunal has its benches in various cities and appeals can be filed before it
by an aggrieved persons against the order passed by the Deputy
Commissioner or Commissioner or Chief Commissioner or Director of 1 n
c o m e ' ~ a x . An appeal against the order of the Tribunal lies to the High
Court. An appeal also lies to the Supreme Court if the High Court deems
fit.

Railway Rates Tribunal

This-Tribunal was set up under the Indian Railways Act, 1989. It

adjudicates matters pertaining to the complaints against the railway
administration. These may be related to the discriminatory or unreasonable
rates, unfair charges or preferential treatment meted out by the railway
'administration. The appeal against the order of the Tribunal lies with the
Supreme Court.

Industrial Tribunal This Tribunal has been set up under the Industrial
Disputes Act, 1947. It can be constituted by' both the Central as well as
State governments. The Tribunal looks into the dispute between the
employers and the workers in matters relating to wages, the period and
mode of payment, compensation and other allowances, hours of work,
gratuity, retrenchment and closure of the establishment. The appeals
against the decision of the Tribunal lie with the Supreme Court.

26 | P a g e
 FEATURES OF ADMINISTRATIVE ADJUDICATION
SYSTEM IN INDIA

Jurisdiction and Power:

1. After the coming into force of Administrative Tribunals Act, 198526, all judicial remedies
save those of the Supreme Court under Art 2 and 136 have been abolished and the
pending proceeding before other courts stand transferred before the regional
Administrative Tribunals under s.29 of the Act.

2. Administrative Tribunal is competent to exercise all powers which the respective courts
had, including declaration as to constitutionality of relevant laws. In short, the
jurisdiction of the Tribunal is not supplementary but is a complete substitute of the High
Courts and Civil Courts27.

3. In view of s.14 of the Administrative Tribunal Act,1985, in case where the suit lay, the
employee will now have to seek his remedy by application under s.19 of the Act. Pending
suits shall stand transferred to the Administrative Tribunal having territorial jurisdiction
under section 29 of the Act28.

4. Section 29A (inserted in 1986) gives an appellant jurisdiction of the Central

Administrative Tribunal. Appeals from judgement of Civil Courts in suits relating to
service matter which are now governed by the A.T. Act shall lie to the Administrative
Tribunals to the exclusion of any other Civil Appellant Court or the High Court29. The

26
The Act was brought into force with effect from 2-10-1985. The Central Administrative Tribunals was set up on
1-11-1985.
27
Sampat Kumar, SP v. Union of India,(1987) 1 ATR 34
28
Cf. Kaptan Singh v, UOI (1986) 4 SLR 545 (Del)
29
UOI v. Deep Chand Pandey (1992) 4 SCC 432

27 | P a g e
 central Administrative Tribunal is the Tribunal constituted under Art.323-A of the
Constitution and is expected to have the same jurisdiction as that of High Court.30

5. Orders of the Central Administrative Tribunals are nt open to challenge before the High
Court.

Sources of Tribunal’s Jurisdiction-

 Suit of proceeding transferred to it under s.29 of the Act

 S.19 deals with jurisdiction of entertaining original application relating to service
matters
 Appellant jurisdiction under s.29A

What the Administrative Tribunals can do-

1. Unconstitutionality of Law

a. The tribunal can declare the unconstitutional a statute or subordinate legislation

relating to the dispute before it, which contravenes provisions of the constitution.

b. Whether a body would be an „authority‟ within the meaning of Art.12.

c. In a case where enquiry has been dispensed with under the 2nd proviso to Art 311(2),
the tribunal is competent to examine the legal jurisdiction for such dispensation.31

d. It may decide question of law, including preliminary pleas in bar, e.g. limitation; non-
joinder of party; territorial jurisdiction of the tribunal; res judicata.

30
UOI v. K D Batish AIR 2006 SC 789
31
Om Prakash Pathak v. UOI (1986) 4 SLR 251

28 | P a g e
 2. Procedure

I. A Tribunal is not barred by the provisions of the Evidence Act.16 In order to

discover the truth, the Tribunal may resort to the inquisitional procedure, provided
no principle of natural justice is violated.

II. Tribunals shall be guided solely by the principles of natural justice unfettered by
anything in the CPC and shall have the power to regulate its own procedure.

III. A plea of violation of statutory provision can be taken before the Tribunal though
not taken in the petition.

IV. It is competent to execute its own order, though the A.T Act has no specific
provision in this behalf.

3. Disciplinary matters:

The Tribunal is competent to go into the facts and set aside the order passed by a disciplinary
authority- Where the conclusion arrived at is arbitrary or perverse. On the other hand , the
Tribunal will not interfere –

 with the finding of facts of the enquiry officers where there was some evidence before
him on the basis of which he could reasonably come to the conclusion that the charges
against the petitioner were proved .
 with an order of rejection, by the Tribunal , of an application for reinstatement on the
grounds of inordinate and unexplained delay.

29 | P a g e
  There has been some difference of opinion amongst the tribunals as to how far, if at all,
they may interfere with the punishment awarded by a disciplinary authority

Likewise, Administrative Tribunals can perform other functions of Punishment,

Compulsory retirement, Interlocutory matters etc.

What the Administrative Tribunals cannot do-

However wide be the jurisdiction of the tribunal, it cannot exercise any jurisdiction of power
which no court could exercise, e.g.,-

a. To question the ground of satisfaction of the President under Cl. (c) of the second
proviso to Art.311 (2) 32

b. To go into the merits of an administrative determination in the absence of mala fides,

arbitrariness, colorable exercise of power or exercise of power without jurisdiction; or a
finding without any evidence at all. c. To overrule or by-pass decision of the High Court
which are binding on it as precedents. d. Though, like the High Court or a Civil Court, an
administrative Tribunal has jurisdiction to make interim order in like circumstances.

Appeal from Administrative Tribunal to Supreme Court:

32
Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State
(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which
he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of
those charges Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such
penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to
give such person any opportunity of making representation on the penalty proposed: Provided further that this
clause shall not apply
(c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the
State, it is not expedient to hold such inquiry

30 | P a g e
 Though the jurisdiction of High Court under Art 226 over service matter has been taken
over by the respective Administrative Tribunals Act 1985, the jurisdiction of the Supreme
Court over these Tribunals under Art.136 has been retained.

Appeals lies to the Supreme Court from orders of an Administrative Tribunal, by special
leave under Art 136, on the following grounds-
 Error of Law
 Finding of the Tribunal being perverse.
 The order of the Tribunal being without jurisdiction or ultra vires.
 The order of the Tribunals being arbitrary or mala fide.
 The order of the Tribunal is such as would lead to grave injustice.

31 | P a g e
 JUDICIAL INTERPRETATION

As mentioned earlier, the Administrative Tribunals Act was passed in 1985 under article
323A and section 28 of this Act provided for the exclusion of jurisdiction of all courts except
that of the Supreme Court under Article 13633. This fuelled a sudden spurt in the number of
cases that challenged the validity of the said legislation as well as that of the 42nd
Amendment that introduced Articles 323A and 323B in to the constitution. Some of the
prominent case in this regard is discussed below.

1. S.P.Sampath Kumar v. Union of India34

This is the first and perhaps the most important case in this period that attracted judicial scrutiny
in this area. The Constitution Bench in Sampath kumar was called upon to decide on the main
issue whether Section 28 of the Act was unconstitutional as it excludes judicial review, which
was contended as part of the basic structure of the constitution20. The Supreme Court accepted
without doubt that judicial; review is part of the basic structure. However the Court went on to
observe that the creation of alternate institutional mechanisms which were as effective as the
High Courts would not be violative of the basic structure. The administrative Tribunals under the
Act were recognized as effective substitutes of the High Courts. This proved to be a shot in the
arm of the proponents of tribunalisation. However the Apex Court came down heavily on the
procedure for appointing the Chairman of the Tribunal. Section 6(1) (c) of the Act allowed a
person who held the post of a Secretary to the Government of India or an equivalent post become
the Chairman. Since these Tribunals were to be substitutes of High Courts it is impermissible for
bureaucrats to hold such a post. Hence this provision was held to be unconstitutional. The
Chairman should be a retiring or retired Chief Justice of a High Court. Other members have to
appointed by a committee consisting of a sitting Judge of the Supreme Court. It was also
suggested that the Chief Justice of India has to consult while making these appointments. The
Parliament accepted these recommendations and now they find a place in the Act by way of the
Administrative Tribunals (Amendment) Act of 1986.
33
Joshi, K. C., Legal Status of Tribunals, IBR, Vol. 25 (2), 1998
34
AIR 1987 SC 386

32 | P a g e
2. Sambamurthy v. State of Andhra Pradesh

It was held in this case that Article 371D (5) of the constitution, which was inserted by
the Constitution (32nd Amendment) Act,1973, was unconstitutional and void. This
provision had enabled the Government of Andhra Pradesh to modify or nullify any order
of the Administrative tribunal of that state. It was pointed out that such a provision was
violative of the basic structure as it made the tribunal not as effective as the High Court
when it comes to judicial review. Here the Court seems to be strictly adhering to the
directive in Sampath Kumar‟s case that the administrative tribunals should be effective
substitutes to the High Court.

3. J.B.Chopra v. Union of India

It was held that since the Administrative tribunals are meant to be substitutes of High
Courts, their power of judicial review extended to power as to decide on the
constitutionality of service rules.
However, soon we see a reversal of trend leading to a lot of confusion. In
M.B.Majumdar v.Union of India the Supreme Court refused to extend the service
conditions and other benefits enjoyed by ordinary High Court judges to the members of
these Tribunals.
Three years later, in R.K.Jain v. Union of India, the Supreme Court opined that these
Tribunals could not be effective substitutes of High Courts under Articles 226 and 227.
We also find very clear expression of dissatisfaction of the apex court regarding the
functioning and effectiveness of Administrative Tribunals especially with regard to their
power of judicial review.

4. Sakinala Harinath v. State of Andhra Pradesh

In this case, the Andhra Pradesh High Court dropped a bomb shell by expressing serious
doubts about the wisdom of the learned Judges in Sampath Kumar‟s case. The Full
Bench ruled that the ruling in the above case equating Administrative Tribunals to the

33 | P a g e
High courts with respect to their jurisdiction under Articles 226 and 227 was inconsistent
with the apex court‟s ruling in cases like Kesavanda Bharati v. State of Kerala and
Indira Gandhi v. Raj Narain. It was pointed out that the constitutional courts could
only exercise the power of judicial review. Since the logic of alternative institutional
mechanism propounded in Sampath Kumar‟s case does not fit in to this scheme, it is
constitutionally impermissible. As a result both Articles 323A(d) and section 28 of the
Act were struck down as unconstitutional.

The judicial green signal given for tribunalisation given in Sampath Kumar can be seen
to be slowly fading because of the subsequent decisions.The confusion created by these
conflicting decisions ushered in the need for taking a second look at S.P. Sampath
Kumar‟s case. This opportunity arrived when a three judge bench of the Supreme Court
in L. Chandrakumar v. Union of India decided to refer the matter to a larger bench.
This eventually led to the famous ruling of the Seven Judge Bench of the Supreme Court
on L. Chandrakumar v. Union of India, which is now the law of the land.

5. L. Chandrakumar’s Case

The important issues considered by the apex court were as follows:

 Whether Art. 323A (2) (d) and Art.323B (3) (d) of the constitution which give the
power to the Union and State Legislatures to exclude the jurisdiction of all courts except
that of the Supreme Court under Art.136, is in accordance with the power of judicial
review embodied in Art.32 and 226.
 Whether the power of High Courts to exercise the powers of superintendence over the
subordinate judiciary under Articles 226 and 227 form part of Basic Structure.
 The competence of the aforesaid tribunals to determine the constitutionality of any
law.
 Whether the aforesaid tribunals are acting as affective substitutes to High Courts in
terms of efficiency.

34 | P a g e
 It was held that the power of judicial review over legislative and administrative action is
expressly vested with the High Courts and the Supreme Court under Articles 226 and 32
respectively. The contention that the constitutional safeguards which ensure the
independence of the higher judiciary is not available to the lower judiciary and bodies
such as Tribunals was upheld and the Apex Court consequently held that the lower
judiciary would not be able to serve as effective substitutes to the higher judiciary in
matters of constitutional interpretation and judicial review.
Hence the power of judicial review is vested in the higher judiciary and the power of
High Courts and the Supreme Court to test the constitutional validity of legislative and
administrative action cannot ordinarily be ousted.

However it was held that these tribunals and the lower judiciary could exercise the role
of judicial review as supplement to the superior judiciary. The court applied the
provisions of Article 32(3) to uphold the same.

COVER UP

ADVANTAGES OF ADMINISTRATIVE TRIBUNAL:

35 | P a g e
Administrative adjudication is a dynamic system of administration, which serves, more
adequately than any other method, the varied and complex needs of the modem society. The
main advantages of the administrative tribunals are:

 Flexibility

Administrative adjudication has brought about flexibility and adaptability in the judicial as well
as administrative tribunals. For instance, the courts of law exhibit a good deal of conservatism
and inelasticity of outlook and approach. The justice they administer may become out of
harmony with the rapidly changing social conditions.

Administrative adjudication, not restrained by rigid rules of procedure and canons of evidence,
can remain in tune with the varying phases of social and economic life.

 Adequate Justice

In the fast changing world of today, administrative tribunals are not only the most appropriated
means of administrative action, but also the most effective means of giving fair justice to the
individuals. Lawyers, who are more concerned about aspects of law, find it difficult to
adequately assess the needs of the modem welfare society and to locate the individuals place in
it.

 Less Expensive Administrative justice ensures cheap and quick justice. As against this,
procedure in the law courts is long and cumbersome and litigation is costly. It involves payment
of huge court fees, engagement of lawyers and meeting of other incidental charges.
Administrative adjudication, in most cases, requires no stamp fees. Its procedures are simple and
can be easily understood by a layman.

 Relief to Courts The system also gives the much-needed relief to ordinary courts of law,
which are already overburdened with ordinary suits.

DISADVANTAGES OF ADMINISTRATIVE TRIBUNALS

36 | P a g e
Even though administrative adjudication is essential and useful in modem day administration, we
should not be blind to the defects from which it suffers or the dangers it poses to a democratic
polity. Some of the main drawbacks are mentioned below.  Administrative adjudication is a
negation of Rule of Law. Rule of Law ensures equality before law for everybody and the
supremacy of ordinary law and due procedure of law over governmental arbitrariness. But
administrative tribunals, with their separate laws and procedures often made by themselves, puts
a serious limitation upon the celebrated principles of Rule of Law.

 Administrative tribunals have in most cases, no set procedures and sometimes they violate
even the principles of natural justice.

 Administrative tribunals often hold summary trials and they do not follow any precedents. As
such it is not possible to predict the course of future decisions.

 The civil and criminal courts have a uniform pattern of administering justice and centuries of
experience in the administration of civil and criminal laws have borne testimony to the
advantages of uniform procedure. A uniform code of procedure in administrative adjudication is
not there.

 Administrative tribunals are manned by administrators and technical heads who may not have
the background of law or training of judicial work. Some of them may not possess the
independent outlook of a judge.

STATUS AND WORKING OF TRIBUNALS IN INDIA

Tribunals are essentially those bodies of the Executive branch of the government who by virtue
of some statutory provision have the power and duty to act judicially in determining disputes
which come before it. Tribunals as stated earlier are distinct from the ordinary courts of the land
and as per Chandrakumar‟s case they are not on par with the High Courts but serve a
supplemental function to the High Courts. They are therefore subject to the writ jurisdiction of
the superior judiciary and to the power of judicial review exercisable by the superior judiciary. In
most of the tribunals appeals from their decisions lie in the High Court on substantial questions
of law.

37 | P a g e
There are different types of tribunals in India, ranging from single member tribunals to
multimember tribunals. Tribunals such as the Industrial tribunal may consist of one or more
members, and they can be appointed by the appropriate government. The chairman of the
tribunal is supposed to possess judicial qualifications and is supposed to be or have been a judge
of the High Court or a District judge or be qualified for appointment as a High Court judge. The
other members are expected to satisfy the prescribed requirements- which are to ensure that the
members are experts and will be able to speedily and effectively dispose of matters. The
procedure to be followed by the tribunal is prescribed by the Act and rules made there under.
Though the function of the tribunal is to adjudicate on the disputes it has only some of the
trappings of the court. It is not bound by strict rules of procedure and can take decisions by
exercising its discretion. While accepting the fact that such tribunals must work towards
furthering social justice, it has been held in J&K Iron and Steel Co. v. Mazdoor Union 31that
tribunal cannot act beyond the scope of the law. It can decide the dispute on the basis of the
pleadings and has no power to reach a conclusion without any evidence on record. The tribunal
is expected to hold the proceedings in public, follow fair procedure and decide disputes
impartially and independently.

All tribunals in India are arranged on the following basis:

 Created by a statute

 Subject to the writ jurisdiction of the superior judiciary and to judicial review.

 Manned by experts and persons with judicial experience.

 Subject to the superintendence of the concerned High Court under Art.227

 Decisions may be final or appealable within the tribunal or in certain cases to the High Court.

Appeals against orders of the tribunal may be heard by the Supreme Court by special leave under
Art. 136.

38 | P a g e
TRIBUNALS AND NATURAL JUSTICE:

Administrative tribunals must act openly, fairly and impartially. They must afford a reasonable
opportunity to the parties to represent their case and adduce evidence. Thus, in State of U.P. v.
Md. Nooh where the prosecutor was also an adjudcating officer and also in Dhakeshwari Mills
where the tribunal did not disclose some evidence to the assessee which was relied upon, the
decisions were set aside.

In Union of India v. T.R. Verma the Supreme Court held the following to be part of natural
justice:

 Party must be able to adduce all evidence being relied upon.

 Evidence must be taken in the presence of both parties.

 Must be given opportunity to cross- examine.

 And no material must be relied upon without giving the party opportunity to explain the
evidence.

Tribunals are free to evolve their own method of procedure as long as they conform to the
principles of natural justice as outlined above. Tribunals are also expected to give reasoned
decisions so as to introduce clarity, reduce arbitrariness and reduce the scope of frivolous
appeals. It also provides the supervisory authority the opportunity to keep tribunals within
bounds.

In view of the increasing role of administration in citizens' life, the administrative

tribunals are expected to play an important role in the redressal of citizens' grievances. In this
unit we have examined the nature of administrative tribunals and the various reasons for their
goping importance. Various types of administrative tribunals are set up in the country to address
various issues, such as, the adjudication of disputes and complaints of the public servants,
redressal of consumer disputes, industrial disputes, disputes pertaining to income tax etc.

39 | P a g e
They provide greater flexibility in administering justice and provide relief to the courts. But at
the same time they suffer from some limitations as they sometimes violate the principles of
natural justice, lack uniform pattern of administering justice and also suffer from the lack of a
proper background on law or judicial work. However, with certain safeguards it is possible to
rectify some of these limitations. The administrative tribunals should have people with legal
training and experience. A code of judicial procedures should be devised and enforced for their
functioning.

CONCLUSION

40 | P a g e
The societies in the beginning were rudimentary and so were the laws of the societies. Laws have
grown with the growth of society. This establishes a relationship between law and society, where
law is an instrument of social change, and as Pound would put it law must be stable but it must
not stand still. To comprehend, understand and appreciate the present legal system adequately, it
is necessary to acquire a back-ground knowledge of the course of growth and development of the
legal history. There is no doubi that a fearless and impartial judicial system is a must for any
civilized nation. It is also the essential condition for a federal type of government as in India. If
the judges of the higher courts are fearless, impartial and independent, only then it can be
expected that they can protect the fundamental rights of the citizens. On the other hand, if the
judges themselves are weak and fearful they cannot upload the rights of the citizens. A peculiar
feature of the legal development in India was that for long the government endeavored to create a
system of courts without ever attempting to develop a body of law. Conscious efforts to remove
these defects were made by developing a coherent body of law. But the coherent system of law
was developed only after the process of codification. Law then became more territorial and
resulted in the abridgment of the differences of law between the resulted in the application of
uniform law throughout the country. The independence of the judiciary is fairly well assured by
the constitution itself and adequate precautions have been taken to help the judiciary to discharge
their functions effectively. Law in the country is now mostly codified and is uniform throughout
the country and the objective is now to update reform and bring the law in conformity with the
new social conditions prevailing in the country .In conclusion we may say that the Indian legal
system provides all the machinery for the expansion and preservation of the law. The
independence of the judiciary as is clear from the above discussion hold a prominent position as
far as the institution of judiciary is concerned. It is clear from the historical overview that judicial
independence has faced many obstacles in the past especially in relation to the appointment and
the transfer of judges. Courts have always tried to uphold the independence of judiciary and have
always said that the independence of the judiciary is a basic feature of the Constitution. Courts
have said so because the independence of judiciary is the pre-requisite for the smooth
functioning of the Constitution and for a realization of a democratic society based on the rule of
law. The interpretation in the Judges Case giving primacy to the executive, as we have discussed
has led to the appointment of at least some Judges against the opinion of the Chief Justice of
India. The decision of the Judges Case was could never have been intended by the framers of the

41 | P a g e
Constitution as they always set the task of keeping judiciary free from executive and making it
self-competent. The decision of the Second Judges Case and the Third Judges Case is a
praiseworthy step by the Court in this regard. In practice there are a number of tribunals
functioning in the country. Very few of them, however, have been able to inspire confidence in
the public. The tribunals have shown a singular lack of competence and objectivity in
determining disputes. Another reason for their failure is the constitution of the tribunals and the
method of appointment of the personnel. Persons with expertise and the right qualifications do
not want to sit on these tribunals thus leading to the unsatisfactory functioning of these
tribunals.35 The uncertainty of tenure, unsatisfactory service conditions, interference by the
executive and political interference have further impeded the proper development of tribunals in
India. Tribunals are supposed to provide specialized adjudicatory services but the type of people
appointed lack the requisite expertise and are on the tribunals merely because of political
pressure and executive interference.

Tribunals are supposed to serve as alternative institutional mechanisms to high courts, they must
therefore be able to inspire public confidence by proving themselves to be a competent and
expert mechanism with a judicial and objective approach. In order to achieve this it is essential
that members of the tribunal are equipped with adequate judicial acumen and expertise. These
judicial officers need to be balanced with experts in the particular field. Only a judicious blend of
the two will be able to provide an effective and result oriented tribunal system. Another
important measure which needs to be taken are steps to maintain the independence of the
members of these tribunals from political or executive interference. Just as the ordinary judiciary
are protected from political control through security of tenure and through institutionalized
methods of appointment (through a selection committee comprising of the Chief Justice,
Departmental secretaries, etc.) in order to further reduce the burden on the high courts the high
courts must be divested of the supervisory jurisdiction over the tribunals. It is essential therefore
that a single centralised nodal agency be established to oversee the functioning of the tribunals.
Such a centralised umbrella organisation will ensure the independence of the tribunals in matters
of tenure and funds. Thus the overall picture regarding tribunalisation of justice in the country is
far from satisfactory. A fresh look at the system of tribunals in India is required so as to ensure

42 | P a g e
speedy justice and quick disposal of disputes arising out of administrative disputes which are
essential for the development of the nation.

BIBLIOGRAPHY

43 | P a g e
BOOKS:

 A.T. Markose: Judicial Control of Administrative Action in India, 1956, Madras Law Journal
Office, Madras.

 A.V. Dicey, Introduction to the Study of the law of the Constitution, London, 1931. 
Administrative Law Treatise, 1958 Vol.1.

 Allen, Law and orders (1956).

 Ashok Chanda, Indian Administration, London.

 Basu, D.D., „Administrative Law‟, Kamal Law House, Kolkata, Sixth Edition, 2004.

 D.D.Basu, Criminal Procedure Code 1973, 3 rd ed.,(I), Asoke K. Ghosh, Prentice-Hall of

India Private Limited, M-97, Cannaught Circus, New Delhi-110001,1996

 D.D.Basu, Indian Penal Code 1860, Asoke K. Ghosh, Prentice-Hall of India Private Limited,
M-97, Cannaught Circus, New Delhi-110001,1997

 Jain and Jain, Administrative Law in India, 12 th edition, Eastern Book Company, Lucknow

 Leonord D. White, Public Administration, 1953.

 Marshman, John Clark, The History of India, from the earliest period to the close Lord
Dalhousie‟s administration, II, London: Longmans, Green, Reader and Dyer, 1867

 P.M.Bakshi’s Constitution of India Seventh Edition, 2006, Universal Law Publishing Co. Pvt.
Ltd Delhi.

 Takwani, C.K., „Lectures On Administrative Law‟, Eastern Book Company, Lucknow, 2004

 Upendra Baxi, Developments in Indian Administrative Law, Public Law in India (1982)

LAW JOURNALS

 All India Reporter

 All India Times

 Criminal Law Journal

 Delhi law Review.

44 | P a g e
 Supreme Court Cases

GOVERNMENTOF INDIA REPORTS

 Law Commission of India, 162nd Report, Review of functioning of Central Administrative

Tribunal; Customs, Excise and Gold (Control) Appellate Tribunal and Income Tax Act Appellate
Tribunal.

WEBSITES

 www.books.google.co.in

 www.1egalsutra.com

 http://en.wikipedia.org

 http://esciencenews.corn

 http://Iegalserviceindia.com

 http://www.docstoc.com

 http://www.airwebwor1d.com

 www.guestia.com

 www.jusprudentia.com

45 | P a g e