GM Friend,
Administrative Tribunal Nature -Administrative tribunals are now-a-days functioning in all countries of the world and in all democratic forms public Administration in India
Administrative Tribunal Definition & Types - Administrative courts are tribunals or authorities outside the ordinary court system which apply laws when acts of public administration are questioned in formal suits or by other established methods.
Scuh tribunals perform what is known as administrative adjudication.
By their very nature these bodies are quasi-judicial.
In a quasi- judicial act, the agency performing it is an administrative body but it is obliged to follow judicial methods and to apply laws to facts.
Administrative tribunals are now-a-days functioning in all countries of the world and in all democratic forms Public Administration in India .
Different types of tribunals--
- a Minister,
- a permanent head of department,
- a Ministerial tribunal,
- a Commission,
- specialised court of law,
- single-member tribunal and
- multi-member tribunal-are all there.
Importance Of Administrative Tribunals in India
There are several quasi-judicial tribunals that have been established by both the federal government and state governments.
There were reportedly close to 3000 administrative tribunals operating in the nation in 1957.
The number could be about 1000 right now. Some of the tribunals are purely administrative and do not perform quasi-judicial functions.
Some of the well-known quasi-judicial administrative tribunals are:
- Income Tax Appellate Tribunals,
- Railway Rates Tribunals,
- Industrial Tribunals,
- MRTPC etc.
Additionally, ad hoc tribunals have occasionally been established.
Certain agencies of the Government such as
- Central Board of Revenue,
- Collector of Customs and Excise,
- Tahsildars etc. also perform quasi- judicial functions.
The basic requirement of an administrative tribunal is that it is manned by an administrative person and not by a full- fledged judge.
Advantages Of Tribunals
Justice done by administrative. tribunals has been criticised on many counts but certain distinct advantages are associated with these tribunals.
The factors which gave rise to the proliferation of these tribunals also. indicate the advantages.
- (i) Cheap Justice.
- (ii) Flexibility of operation-informality and Simplicity.
- (iii) Possibility of experimentation.
- (iv) The need for experts to decide on highly technical and complex subjects and topics- the in-competence of regular courts in dealing with such matters as fair rent, fixation of compensation and grant of licence.
- (v) Person rights and social justice must be balanced, and a purely legalistic approach to resolving conflicts between the interests of the individual and the greater good is undesirable.
- (vi) Prompt decisions.
- (vii) Relief to regular courts.
Disadvantages Of Tribunals
(i) criticism against administrative tribunals is on the ground that the rule of law is violated. The rule of law which envisages supremacy of regular law as opposed to arbitratiness, discre tion, and prerogative of authority; and equality before law is the corner-stone of the liberal democracy. Tribunals are the negation of this rule of law.
(ii) Violation of the princi- ple of natural justice since the tribunal may be considered an agent of the Government.
(iii) Possibility of miscarriage of justice for want of impartiality on the part of the persons manning the tribunals-absence of uniform procedures.
(iv) The most serious charge against tribunals is the ban on ordinary courts of law to sit in judgement over the decisions of the tribunals. However, in the case of India, Article 136 of the Constitution ensures that there is no finality of decisions in the case of administrative tribunals.
Precautions
While administrative tribu- nals have come to stay, there is a case for removing many other short-comings and abuses.
It should be ensured that tribunals are manned by the right type of persons having some legal training and experience. This is essential to fostering public trust in the tribunals.
According to the principles of natural justice, the process used by tribunals should be uniform and fair.
Making ensuring that the tribunal's decisions are always backed by thorough rationale is a crucial safety measure.
The number of matters in which the jurisdiction of courts over administrative tribunals has been barred is almost endless; so, the lower court and even High Courts feel helpless in setting right glaring instances of injustice through the tribunals.
Conclusion -
Finally, it is not advisable to proliferate administrative tribunals without careful consideration and justification.
