Tribunals In India
The doctrine of Separation of powers has been deeply enshrined in our Constitution. However, more than five decades ago, when the Constitution was framed, the activities of the state were relatively few and limited. Since then, the state’s activities have increased considerably and the central and state governments have also entered into commercial and other fields. The framers of the Constitution could not have anticipated all these, which is why they limited themselves only to certain judicial fora to give relief to the citizens of the country. Perhaps, at that time, they felt that the existing courts of law were sufficient to meet the judicial aspirations of the people and deal with all types of disputes. It was, however, subsequently realised that ordinary courts of law, with their traditional and procedural limitations, were not adequate to meet the changed situation and solve the various problems that arose in the new socio-economic context. As a result of this, various tribunals are/were established which are not strictly courts in the traditional sense. But they entertain and decide a large number of disputes, following the proper legal procedure. The most important tribunals are :
Service Tribunals
The government is the single largest employer in the country. The number of employees has been increasing year by year. Consequently, the disputes between government and employees regarding service conditions, transfers, promotions, appointments etc. have also increased. These disputes had to be resolved quickly so that the morale of the employees, on which the efficiency of the government depends, could be sustained. The ordinary courts of law were already overburdened and were not in a position to dispose of the cases expeditiously. Hence the government has by the 42nd Amendment, inserted Article 323(A) wherein a provision was made for the creation of service tribunals. Article 323(A) provides for the establishment of tribunals at the central and the state level. Consequently, the government enacted the Administrative Tribunals Act in 1985 wherein service tribunals were established at the Central and the State level. The tribunal at the Central level is called as the Central Administrative Tribunal and the tribunal at the State level is called as the State Administrative Tribunal.
Central Administrative Tribunal
The Central Administrative Tribunal was set up on 1.11.1985 to adjudicate disputes and complaints with respect to conditions of services of persons appointed to the public SCM and posts in connection with the affairs of the Union. The jurisdiction of the tribunal extends to all the employees of the Central government. However, disputes relating to the members of the defence forces, officers and servants of the Supreme Courts, and members of the Secretarial stans Ol Parliament do not fall within the jurisdiction of the tribunal. The Central Administrative Tribunal is located in New Delhi and it operates through 17 regular benches, 15 of which operate at the principles seats of High Courts and the remaining 2 at Jaipur and Lucknow.
The CAT is a multi-member body consisting of a chairman, Vice-Chairman and members. At present, it has a chairman, 16 Vice-Chairmen and 46 members. They are drawn from both judicial and administrative streams and are appointed by the President. They hold office for a term of five years or until they attain the age of 65 years, in the case of Chairman and Vice-Chairman and 62 years in the case of members, whichever is earlier. The CAT is not bound by the procedure laid down in the Civil Procedure Code of 1908. It is guided by the principles of natural justice. These principles keep the CAT flexible in approach. Only a nominal fee of Rs. 50 is to be paid by the applicant. The applicant may appear either in person or through a lawyer. Originally, appeals against the orders of the CAT could be made only in the Supreme Court and n the High Courts. However, in the Chandra Kum in the jurisdiction of the High Courts as unconstitutional, holding that declared this restriction on the jurisdiction of the High Courts as the structure of the Constitution. judicial review is a part of the basic structure of the Constitution
It laid down that appeals before the division bench of the concerned High Court. against the orders of the CAT shall lie before the division bench of the
State Administrative Tribunals
Article 323(A) of the constitution provides for the creation of the State Administrative Tribunals in every State. As the name suggests these tribunals operate at the state level and adjudicate on disputes with respect to recruitment and matters concerning recruitment to any civil service of the state or to any civil post under the state. The members of the tribunal are appointed by the President of India after consultation with the Chief Justice.
Customs And Excise Tribunal
The 42nd Amendment along with Article 323(A) has also provided for Article 323(B) wherein a provision has been made for setting up of tribunals other than Administrative (Service) Tribunals to deal with matters relating to levy-assessment and collection of any tax, industrial and labour disputes, foreign exchange, import and export, the ceiling on urban property etc. Under this provision, the Parliament has created the Customs and Excise Revenue Tribunal in 1986. The Customs and Excise Revenue Appellate tribunal adjudicates on disputes with regard to the levy, assessment, collection and enforcement of any tax and incidental matters. The President and The members of the tribunal are appointed by the President of India on the recommendation of a selection committee. Provision has been made to ensure the representation of technical members and judicial members.
Here are the notes on the commissions of India.