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‘Tribunal ‘is an administrative body established for the
purpose of discharging quasi-judicial duties. An Administrative Tribunal is
neither a Court nor an executive body. It stands somewhere midway between a
Court and an administrative body.
• Article 323-A, which came by way of 42nd constitutional amendment in 1976, enabled theCentre to enact The
Administrative Tribunals Act, 1985 for setting-up the Tribunals for
adjudication over “disputes and complaints with respect to recruitment and
conditions of service of persons”. Thus Administrative Tribunals Act, 1985
provides for the establishment of Central Administrative Tribunal and State
Administrative Tribunals. The delay in justice administration is one of the biggest
obstacles which have been tackled with the establishment of Tribunals.
Composition:
• The CAT is a multi-member body
consisting of a Chairman and members.
• With the amendment in
Administrative Tribunals Act, 1985 in 2006, the members have been
• given the status of judges of
High Courts
• In 2013, the sanctioned
strength of the Chairman is one and sanctioned strength of the Members is 65
• They are drawn from both
judicial and administrative streams and are appointed by the President.
• They hold office for a term
office years or until they attain the age of 65 years, in case of Chairman and
62 years in case of members, whichever is earlier.
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Specific powers of Central Administrative
tribunal:
1. CAT exercises original jurisdiction in relation to recruitment and
conditions of service of persons appointed to public services
2. Flexibility: Administrative Tribunals
created under Article 323A have been freed from technical rules of Indian
Evidence Act, 1872 and procedural shackles of the Code of Civil Procedure, 1908
but, at the same time, they have been vested with the powers of Civil Court in
respect of some matters including the review of their own decisions and are
bound by the principle of natural justice.
3. Relief to Courts: The system also gives the
much-needed relief to ordinary courts of law, which are already overburdened
with numerous suits. Initially the decision of Tribunal can be challenged only
before Supreme courts by filing Special leave petition, however after Chandra
Kumar case; the orders of CAT are now being challenged by way of writ petition
u/a 226/227 of the Constitution before respective High courts. It lay down that
appeals against the orders of the CAT shall lie before the division bench of
the concerned High Court.
Conclusion:
The above powers of CAT show that in
certain spheres like recruitment and conditions of service of persons appointed
to public services and cases related to civil service rule where supreme Court
refrain itself and denied accepting the cases so that purpose of CAT could not
get defeated shows that they are exercising their power as an independent
Judicial Authority as judgments are more circumstances based and situational.
For example NATIONAL GREEN TRIBUNAL. However, in India Common Law System is
followed in which a bench mark is set and final interpretation is subjected to
Independent judicial system also CAT Functions on the principle of Natural Justice
as they are not bound by the Rule of Procedures. Thus, after Chandra Kumar case
it can be entertain by the High court & Supreme Court therefore on this
basis we
cannot accept that they work as a independent judiciary.
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