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AL - Tribunals
AL - Tribunals
Administrative Tribunalst
-Lord Romer
Tribunals have certain characteristicswhich often give them advantages
overthe courts. These are
cheapness,
expedition and expert knowledge ofaccessibility,freedom
their particular
from technicality,
subject.
-The Franks Committee
Administrative tribunals
12. 27. Sampath Kumar v. Union
259
of natural justice..
. . .
principles of India . ..
Administrative tribunals and .. 277
13. 28. Post "Sampath Kumar"
and evidence. 260
rules of procedure 262 position. . . . .
14. Reasons for decisions
278
263 29. L. Chandra Kumar v. Union
15. Finality of decisions...
16. Decisions of tribunals
and ofIndia.... 279
. . . 265 30. Concluding remarks. . 282
judicialreview. . LD wv h
PA wslwaiwt Ale
ayuu
e Today, and above ministerial tunctions, the executive performs
over
and quasi-judicial functions also. Governmental
many quasi-legislative
"functions have increased and even though according to traditionaltheory,
o erdun
Oldhadliona
o
old "police state" has now become a "welfare state", and because
. radical change in the philosophy of the role to be played by theStatc functions,
enterprises. The
tions, exercises control over production, initiates for the
therefrom are not It is not possib
Stata arising issues. purely legal prob
ordinary courts of law to deal with all these socio-economi nage
For
exampleindustrial disputes between the workers and ofthe
Skati fo ment must be setted as early as possible. It is not only in thet not possir
however,
ble tor an
Sotua eu ordinary court of law to decide the disputes expeAll the
the
sam
it has to
tunction, restrained by certain innate limita ons.
Status 241
acessary that such disputes shouldnotbe
atic manner. determined in
tribunals are, therefore,an arbitrary
ide various quasi-judicial Administrative
1ssues established aho h
in place of ordinary courts of law.
2. DEFINITION
3. STATUS
a) Constitutional recognition
The status of tribunals has been recognised by the Constitution. Article 136
tne Constitution empowers the Supreme Court to grant special leave
appeal trom any judgment, decree, determination, sentence or order
4sSed or made by any tribunal in India. Likewise, Article 2271enables
g h Court to exercise power of superintendence over all tr1bunals A T
g u t the
territories over which it exercises jurisdiction.
1. Webster's h
1530-1531.SCN
2. AIR
World Dictionary (1972) 1517; Concise Oxford Dictionary, (2002), c
A
Ibid,954
AIR 522.520: (1955) I SCR 267.
AIR
5o SC 188: A1 dedt
. angma, 1950 SCR 459;
(1977)4 9; see also, All Party Hill Leaders' Conference v. Capt.
. P.N. Sharma, 4 SCC 161: AIR 1977 SC 2155; Associated Cement Companies
v. L.aks
AIR 1965 SC I595: (1965)
2 SCR Sugar Mills Ltd.
366; Jaswant
mi Chand,
btaff Union, AIR 1963 SC 677: I963 Supp (1) SCR 242; Rohtas lndustries Ltd.
l1976)1
.See, tor detailed ) 2 SCC 82: AIR
1976 SC 425.
discuss1or
Cussion, Lectur 9-
MiRE hed
otnd e
Tribunals
Administrative
242 Lecture 7
tribunals: Misnomer
(b) Administrative
According to Wade', the expression "Administrative Tribunals
leading for various reasons. First, every tribunal is constitnted als" is mi
of Parliament and not by government.|Second, decisions of suchbytrian A Acr
are judicial rather than administrative. A tribunal reaches tribuna
Cnes a fnd
fact, applies, law/to such fact and decides legal questions nding of Dunas
not onthe basis of executive policy. Third, all tribunals doobjectivelv
yand
and
casesin which government is a party. Some tribunals adjudicate with
(O between two private parties, e.g. disputes between landlords and tes
yutes
employers and employees, etc. Fourth, such tribunals are and tenants
"They are in no way subject to administrative interterence asindepende
decide any particular case." to how
ow tth
M.P. Jain", therefore, suggests that is
as "tribunals"
it better to designate these bodis
by discarding the word "administrative".
c) Administrative tribunals and courts
(d) Administrative tribunals and
executive authorities!0
(e) Test
A tribunal is an
adjudicating
disputes does not ipso facto makeauthority. But the power of adjudication ot
the body a "tribunal". In order to be
tribunal, it is essential that such
power of
from an agreement adjudication must der
from a statute and not be
a
"Domestic Tribunal" which between the parties. Hent,
is a private
between the parties and designated body up by the agreeit
set
nal. On the
other hand, Rent as"tribunal" is really not a tr
can be said to be tribunals Control Authority or Statutory A itrator
Thus, the basic test of though
not described as
sucn. of
or Article
227 of the
a
tribunal within the meaning
other than a Constitution is that "it is an Ari uthority
statute or a
court) vested with the
judicial adjudica sral nder
statutory rule"11 powerof the
6. See, tor detailed
Wade & discussion, "Constitution (42nd
Law (8th Forsyth, Administrative Law (2009) Amendment) A 275.
A d m i n i s t r a t i v e
Lecture 7
244
and
beneficent
decide a wide range of disputes
welfare etween individuals and individuah with
and their gOvernments.
well as between subjects
as
ars They
T h e ya e
is necessary arise.
over and above
rise. legal knowledge.
Knowledge Insteadsubjec
in a particular ofa "one n a n
Administrative tribunal and court:
Distinction 245
court, a whroad based membership" or a "mixed
panel" of admin-
istrative
tribunal may better solve
problems.
Thedministrative
authorities can avoid
nal rather than a theoretical and technicalities. They take
legalistic approach. The
a functional
ADMINISTRATIVE
a adaministra
niAare constirve
VE TRIBUNAL AND COURT: DISTINCTIONN
tribunal is similar to court in certain aspects. Both
a
of
tituted
hiutedby invested with judicial powers
and have
nd ent
the State
nallyexistence.
finally decide
Thus, they adjudicating
are
bodies. They deal
the rights
disputes between parties which affect
Tribunals
A d m i n i s t r a t i v e
Lecture 7
246 Court in Associate
As observea Dy Supreme The ed emen
Cement
of subiects. Sharma", and the funda
"the basic
fundamental fea
Ltd. v. P.N.
Compa
ture which is common to both the courts and the tribunals is that
Companies they
at they
discharge judicial functions annd exercise judicial powers which erently
State".
in sovereign
vest
a
be forgotten that an administ
But at the same time, it must notdistinction between a c rt" and
rative
The line of and a
tribunal is not a court. t
c a s e s is
indeed fine though real.All courts are trib
some
"tribunal" in not necessarily be true
converse need
nals but the of the trappings ofa court, but not all., and
A possesses some
tribunal
must be distinguished:
therefore, both
powers are
derived from the State and the body deals with
judicial the other hand, an adminis.
king's justice it is called "court".{On
a
a statute and invested with
trative tribunal is an agency created by
it is a part and parcel of
judicial powers. Primarily and essentially, executive as well as
the executive branch of the State, exercising administrative tribunals
states, Greene"
judicial functions. As Lord
perform hybrid functions.
to try all suits of
2. Whereas ordinary civil courts have judicial power
a civil nature, excepting those whose cognizance is either expressly
or impliedly barred\ tribunals have power to try cases in special
4.
8.Johnson
LT 455.
o Co.
(Builders) Ltd. v. Minister of Health, (1947)**
Characteristics 247
8. CHARACTERISTICS a l l Hee
The following are the characteristics of an administrative tribunal:!°
9. WORKING OF TRIBUNAILS
There are a number of administrative tribunals in India. For exam
ple, Industrial Tribunals, Labour Courts, established under various
industrial laws, Railway Rates Tribunal established under the Indian
Railways Act, Election Tribunals established under the Representation
of the People Act, Mines Tribunals established under the Indian Mines
Act, Rent Controller appointed under the Rent Acts, Workmens
Compensation Commissioners appointed under the Workmen's
Compensation Act, etc.
249
Working of tribunals
20. Niemla Textile Finishing Mills Ltd. v. Second Punjab Tribunal, AIR 1957 SC 329:
I957 SCR 335.
250 Lecture 7 Administrative Tribunals
21. Lloyds Bank Ltd. v. Indian Staff Asn., AlR 1956 SC 746.
22. Bengal Chemical o Pharmnaceutical Works Ltd. v. Employees, AIR 1959 S 05
1959 Supp (2) SCR 136.
23. J.K. Iron & Steel Co. Ltd. v. Mazdoor Union, AIR 1956 SC 231: (1955) 2 SCR 139
United Commercial Bans
24. Lloyds Bank Ltd. v. Indian Staff Ass., AIR 1956 SC 746;
Ltd. v. Workmen, AlR 1951 SC 230: 1951 SCR 380.
See also, L. Chandra Kumar v. Union of India, (1997) S21
3 AIR 1997 SC 1125
2, AlR 1963 5o9: (1963) 3 SCR 540;
26. Express Newspapers (P) Ltd. v. Workers, 188: 1950 S K 459.
Dnarat Bank Lid. v. Employees, AIR 19so SC
Working of tribunals 251
(b) Income Tax Tribunal
The Income Tax Appellate Tribunal ITAT) is constituted under the
The Income
Income Tax Act, 1961. Jt consists of
members as the Central as
many judicial and accountant
have held, at least tor Govern1 thinks fit. A judicial member must
ten years a judicial post or must have been a
member ot the Central
LegalServices (not below
Grade III) for at least
three years or must have been in practice advocate for at least ten
as an
vears. An accountant
member,must)be a Chartered Accountant under the
Chartered Açcountants Act, 1949 and must have practised as such, for
10 years ormust have served as Asst. Commissioner for at
least three
vears.Appoïntments are made by the Central Government. The
of the tribunal shall be appointed from amongst the judicial Chairman
members.
The conditions of service of the members are regulated by the President
of India in exercise of powers conferred by the proviso to Article 309 of
the Constitution. ,The tribunal sits in Benches in various cities, such as
Ahmedabad, Allahabad, Bombay, Calcutta, Delhi, Madras, etc. The tri-
bunal functions under the control of the Ministry of Law and not under
theMinistry of Finance. This ensures independence of judgment by its
members and inspires confidence in the assessees.
Appeals can be hled betore the tribunal by an aggrieved party against
orders passed by the Appellate Asst. Commissioner, Inspecting Asst.
Commissioner or Commissioner within a period of 60 days. The tribunal
shalldecide the matter only after giving both the parties to the appeal
an opportunity of being heard. If the parties do not appear at the time
of hearing, the appeal may be adjourned or heard ex parte. The assessee
is entitled to appear before the tribunal personally or through an author-
ised agent including a lawyer. The tribunal is not governed by the rules
of evidence applicable to the courts of law and is empowered to regulate
its own procedure. It gives oral hearing to the parties and passes appro
priate orders. The decisions may be unanimous or by a majority opinion.
If there is equal division, the members state the points of ditference and
the President will refer the matter for hearing to one or more other memn-
bers. The matter will then be decided by a majority of all the members
who have heard it. The order passed by the tribunal must be in writing
will be communicated to the
and signed by the members of the Bench. It
of Income Tax.
assessee as well as to the Commissioner
are deemed to be judicial proceed-
The proceedings before the tribunal
witnesses, entorcement of attend-
Ings. It has the power of summoning
production of documents and issue of
ance, discovery and inspection,
powers ot a civil court under the Code
Commissions, as it has been givenIt c a n
of Civil Procedure, 1908 (CPC). order prosecutjon) of persons who
produce false evidence or
fabricate such and they may be pun-
evidence
is not qualified to be
A nerson appointed as the Chairman unless, ne or
che I)
she is or
Is has been a High Court judge, or 2) has held the office
or has of Vice-
Chairmanfor two years. Provisions have also been made for appointment
Vice-Chairman and members of the tribunal (judicial and administra-
otive). The
The Chief Justice-of India has.to be.consultedbefore appointing the
ive).
Chairman, VicVice-Chairman or a member. visions have been made as
be
to jurisdiction, powers authority of the tribunal and procedure to
and
followed. 'The provisións of the Act had been given overriding ettect
over
5.
1987 SC 386.
SCC AIR
(1987) I 124:
Union of India", 277. (T987) 1 D124, 137: AIR 1987 SC 386, 394
umar v.
v. Union of India,
34.
S.P. Sampath Kumar
Misra J).
per Ranganath
254 Lecture 7 Administrative Tribunals
40. Chap. 3
41. S. 28.
SCC 243: AIR 1994 SC 787.
LDA v. M.K. Gupta, (1994) 1SC
43. (1996) 3 SCC 45: AIR 1996 1308.
256 Lecture 7 Administrative Tribunals
of
Registrar the
Though in the light of the affidavit-in-reply by the Chiet Justice had
High Court that before approving the name of A, the
not interfere with
also considered other names, the Supreme Court did
of the President
the appointment of A but observed that the appointment
same manner as
of National and State Commission must be made in the
is followed for appointment of judges of the Supreme Court and High
Courts. It is for the Chief Justice of the High Court to initiate the proposal
and to mention the name approved by him for appointment instead of the
Chief Justice only approving the name suggested by the State GOvernment.
"That would give greater credibility to the appointment made".*
[It may be recalled that about 5o years ago, the Franks Committee
had emphasised and recommended that the Chairmen of tribunals should
be appointed by the Lord Chancellor. "Unless this was done there was
always a risk of the members of the public getting an impression that the
tribunal was made up of 'Ministry men'"]*3
SC 2092; Nandlal Khodidas Barot v. Bar Council of Guia23CC 702: AIR 1975
AlR 1981 SC 477.
CASE PILOT 47. Narendra Singh v. Chhotey Singh, (1983) 4 SCC131: AlR
AIR 19R 1983 SC 990.