Administrative tribunals

 Tribunals or administrative tribunals or administrative courts, as the case may be, refer
to the forums where justiciable disputes that involve government agencies, in one or
another form, are being adjudicated by a panel of impartial decision makers.

Bodies established outside the structure of the courts:

 Tribunals are bodies established outside the structure of ordinary courts to adjudicate
disputes that involve the government as a party on matters pertaining to governmental
functions.
 The dispute could be between two or more government agencies, or between
government agencies or between one or more individual parties.

The decisions of most tribunals are in truth judicial rather than administrative, in the sense that
the tribunal has to find facts and then apply legal rules to them impartially, without regard to
executive policy. Such tribunals have in substance the same functions as courts of law.

In many respects, the tasks performed by tribunals are similar to that of performed by regular
courts.

Administrative tribunals stand somewhere between courts and administrative bodies.

Administrative bodies set up with an idea of discharging quasi-judicial functions.

Constitutional base: -

 Article 212 Administrative Courts and Tribunals- Notwithstanding anything

hereinbefore contained the appropriate Legislature may by Act [provide for the
establishment of] one or more Administrative Courts or Tribunals.
Dictionary meaning: - Seat or bench upon which judge or judges sit in court.

But court has wider meaning.

In administrative law the expression is limited to adjudicating authorities other

than courts of law.

 The tribunals has many trapping of courts but it is not a full fledge court.

So an adjudicating administrative body other than court vested with judicial

powers is called administrative tribunals.

e.g. Election tribunals, rent control authorities, excise appellate authority.

Characteristics:-

Creation of statute

Possess powers of court: - summon witness, production of documents, administer

oath etc.

Have to act judicially: - Have to record findings and then apply the law.

Cases of individual: - e.g. rent controller, election tribunals, and industrial tribunals.

Cases of government with individuals: - income tax appellate tribunal.

Tribunals and courts distinguished

Both and courts and tribunals are established by the state, both exercise judicial powers
and have permanent existence. But there are points of distinction which distinguishes
tribunals from court.

a) Control of executive: - judges are independent of exective, with respect to their

terms and conditions of service etc.

On the other hand members of administrative tribunals, their terms and condition of their
service etc. they are dependent on exective.

e.g. service tribunals Act 1974 section 3(4) appointed by the governor on such terms and
conditions as he may determine.

b) presiding officer: - In ordinary courts of law it is generally presided by an officer who is

learned in law, trained in law whereas in administrative tribunals it is not necessary that he
should be trained in law because most of the time it involves in dealing with matters which are
technical in nature which require technical knowledge of the matter and not the law. It is also
one the reasons for the growth of tribunals.

c) Rules of procedure & evidence: - the courts are bound by the rules of procedure & evidence
whereas the tribunals are not bound by the rules of procedure & evidence, unless the relevant
law provides for it.

It enjoys inherent powers to regulate its procedure which are provided by the relevant law
which has created the tribunal. E.g. Income Tax Appellate Tribunal Procedure Rules, 1981.

d) Vires of law: - the courts can decide about the vires of legislation whereas the tribunals have
no such powers.

e) Relationship with executive: - courts are part of the traditional judicial system whereas
tribunals are part and parcel of the executive.

Tribunals in Pakistan:-

1) income tax appellate tribunal(ITAT)

Jurisdiction: - It hears appeals arising out of commissioner income tax.

Income Tax Appellate Tribunal Procedure Rules, 1981.

Composition: - judicial officer and accountant member

2) Environmental protection tribunal

Established under environmental protection Act 1997.

Composition: - chairman, legal member, technical member.

Jurisdiction: - appeals against actions of environmental protection agency.

3) Insurance appellate tribunal:- established under insurance ordinance 2000 (1938 Act
repealed)

Appeals against insurance companies.

4) Custom excise and sales tax appellate tribunals.

Established under custom Act 1969.

Judicial officer (high court) and a technical member.

5) Service tribunals: - constitutional base is article 212 of constitution.

 Deals with issues decided by departmental authorities with respect to terms and conditions
of service of civil servants. Appeal lies to the supreme court