NAME- SARTHAKI RAJESH PATIL

ROLL NO. 7020

SUBJECT- ADMINISTRATIVE LAW
YEAR- 4TH BLS.LL.B

TOPIC- ADMINISTRATIVE TRIBUNALS

Administrative tribunals
 The word “Tribunal” is the seat of the Judge. According to I.P. Massey in
Administrative Law, the term ‘Tribunal’ is used in a special sense and refers
to adjudicatory bodies outside the sphere of ordinary Courts of the land.
 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. In
other words, they are agencies created by specific enactments to adjudicate
disputes that may arise in the course of implementation of the provisions of
the relevant enactments.
 Tribunal is a quasi-judicial institution that is set up to deal with problems
such as resolving administrative or tax-related disputes. It performs a
number of functions like adjudicating disputes, determining rights between
contesting parties, making an administrative decision, reviewing an existing
administrative decision and so forth
Reasons for the growth of administrative
tribunals
I. The traditional judicial system has proved itself to be slow, overburdened,
complex and expensive. It is hardly possible to handle maters, strike, lock-
outs and similar labor disputes in an expeditious manner. So to overcome
the problem, industrial tribunals and labor courts were established.
II. Administrative tribunals take a practical and functional approach rather
than a theoretical and legalistic approach generally taken by the courts. It
is well known that courts are proverbially conservative, rigid technical and
legalistic.
III. Administrative tribunals is not bound by the rules of procedure or the rules
of evidence, and can base its decision on practical common sense after
taking all relevant factors into account.
IV. Courts only decide which are filed before them, they do not take
preventive action. Administrative bodies on the other hand, can take
preventive measures like licensing, rate-fixing , fixing of rents, etc.
Characteristics or features of an
administrative tribunal
1. Administrative tribunals has a statutory origin that is created by or under
a law. Example, Income tax tribunal under Income-tax act,1961.
2. Administrative tribunals have some tributes of courts, but not all.
3. Administrative tribunals performs judicial and quasi-judicial functions as
distinguished from purely administrative or executive functions.
4. Is not bound by the elaborate procedure laid down by the civil procedure
code or the criminal procedure code or the rules of evidence contained in
the Indian evidence act. These tribunals are bound to abide by the principle
of natural justice.
5. Administrative tribunal generally possess certain powers enjoyed by civil
courts. Powers of civil court such as enforcing attendance of persons,
examining witnesses on oath, compelling the production of documents and
issuing commission for the examination of witnesses.
6. Although many tribunals enjoy a certain degree or discretion such
discretion is to be exercised objectively and in judicial manner.
7. Although many tribunals decide cases between the government and private
parties, several other tribunals are not exclusively involved in disputes
where the government is a party. Ex. The rent tribunal in settling disputes
between landlords and tenants.
8. An administrative tribunal has no power to review its decisions –unless
such a power has been expressly conferred on it by law.
9. The doctrine of Res Judicata contained in section11 of Cpc applies to all
suites ,although this section does not apply to administrative tribunals,
general principles underlying the doctrine of do apply to administrative
tribunals also.
10. A person aggrieved by the decision of an administrative tribunal can
approach the supreme court or high court fro appropriate relief by way of a
writ of Mandamus, Certiorari, or Prohibition.
11. An act may provide that the decisions of a tribunal constituted under that
act shall be final and that no proceedings can be filed in civil courts against
such decisions.
12. An administrative tribunal is bound by the decisions of the supreme court
and the high court which exercise jurisdiction in that territory and also by
the decisions of their own higher authorities.
What is the Difference Between Tribunal and Court?

No. Court of Law Tribunal

A court of law is a part of the traditional judicial system whereby An Administrative Tribunal is an agency created by the statute and invested with
1.
judicial powers are derived from the state. judicial power.

The Civil Courts have judicial power to try all suits of a civil Tribunal is also known as the Quasi-judicial body. Tribunals have the power to
2.
nature unless the cognizance is expressly or impliedly barred. try cases of special matter which are conferred on them by statutes

Judges of the ordinary courts of law are independent of the executive

Tenure, terms and conditions of the services of the members of Administrative
3. in respect of their tenure, terms and conditions of service etc. Judiciary
Tribunal are entirely in the hands of Executive (government).
is independent of Executive

The president or a member of the Tribunal may not be trained as well in law. He
4. The presiding officer of the court of law is trained in law.
may be an expert in the field of Administrative matters.

A judge of a court of law must be impartial who is not interested in the

5. An Administrative Tribunal may be a party to the dispute to be decided by it.
matter directly or indirectly.

An Administrative Tribunal is not bound by rules but bound by the principles of

6. A court of law is bound by all the rules of evidence and procedure.
nature of Justice.

Administrative Tribunal may decide questions by taking into account

Court must decide all questions objectively on the basis of evidence
7. departmental policy, the decision of Administrative Tribunal may be subjective
and materials on record.
rather than objective.

8. A court of law can decide vires of a legislation Administrative Tribunal cannot do so

Examples of administrative tribunals
1. Industrial tribunal - was set up under the industrial dispute act ,1947
 consists of one or more members appointed by the central government or
appropriate government.
 Jurisdiction of the tribunal extends to all industrial disputes for instance,
disputes between employers and their workmen.
 It is a quasi-judicial authority, it must act in a judicial manner.
 All the powers of a civil court as regards enforcing the attendance of persons,
examining witnesses on oath, compelling the production of inquiry
documents and issuing commissions for the examination of witnesses.
2. Income tax tribunal- was set up under the Income –tax act,1961
 consists of equal number of judicial and accountant members as the central
government deems fit.
 The tribunal functions under the control of the ministry of law, is to expected
ensure independence of the tribunal.
 The Income Tax Tribunal hears appeals filed by the aggrieved party against
the orders of the appellate assistant commissioner, Inspecting assistant
commissioner or the commissioner . All such appeals are required to be filed
within a period of sixty days.
 Not governed by the rules of evidence contained in the Indian Evidence Act,
and has the power to regulate its own procedure.
3. Central Administrative Tribunal – was established in New Delhi with
benches all over the country to deal with the service disputes between
central government and its servants.
 An act called the administrative tribunals act was passed by parliament
in1985 to provide for adjudication by a tribunal of disputes and complaints
with respect to recruitment and conditions of service of persons appointed
to public service and posts.