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27 Dec Tribunals

Posted at 27 Dec 2023 in Current Affairs by
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This article covers “Daily Current Affairs” and the topic details “ Tribunals”. This topic has relevance in the Polity and Governance section of the UPSC CSE exam.

 

GS 2: Polity and Governance

 

Why in the news?

The highest court was deliberating on the question of whether the Armed Forces Tribunal (AFT) had the authority to instruct the government to formulate a policy for appointing a Judge Advocate General (Air). While the AFT possesses the powers akin to a civil court, it lacks the jurisdiction of the Supreme Court or High Courts.

About Tribunals:

Tribunals are quasi-judicial bodies designed for the resolution of disputes in areas such as administration, taxation, environment, and securities. In India, these adjudicatory bodies offer an alternative to the conventional court system, aiming for prompt, cost-effective, and decentralized dispute resolution across various issues.

The formation of tribunals serves several purposes, including adjudicating disputes, determining rights between opposing parties, making administrative decisions, and reviewing existing administrative rulings.

Key Features of Tribunals in India:

  • Principles of Natural Justice: Tribunals in India adhere to the principles of natural justice, ensuring a fair and impartial hearing for all parties involved.
  • Not Bound by Civil Procedure Code (CPC): Unlike traditional courts, tribunals are not constrained by the stringent rules of procedure and evidence outlined in the Civil Procedure Code.
  • Subject Expertise: Tribunals often include members with specialized expertise in the subject matter under their jurisdiction.
  • Quasi-Judicial Powers: Tribunals possess quasi-judicial powers, enabling them to hear evidence, examine witnesses, make factual determinations, apply the law to the facts, and issue binding decisions.
  • Appellate Authority: Decisions made by tribunals can be appealed to higher courts. The appellate process allows for review by higher authorities, including High Courts and/or the Supreme Court.
  • Time-Bound Resolution: The adjudicatory process in tribunals is typically swifter than the traditional court system, facilitating quicker and more efficient dispute resolution.

 

Constitutional and Legal Provisions:

The original Constitution lacked provisions regarding tribunals. The 42nd Amendment Act of 1976 introduced a new Part XIV-A, titled ‘Tribunals,’ consisting of two articles:

  • Article 323A: Pertaining to administrative tribunals.
  • Article 323B: Pertaining to tribunals for other matters.

 

Constitutional Provisions and Enacted Legislation on Tribunals in India

 

Provision Description
Article 323A Empowers Parliament to establish administrative tribunals for adjudicating disputes related to recruitment and conditions of service in public services at the Centre, states, local bodies, public corporations, and other public authorities.
Article 323B Empowers both Parliament and state legislatures to institute tribunals for diverse matters, including Industrial and labor disputes, Foreign exchange, import and export, Land reforms, Food, The ceiling on urban property, Elections to Parliament and state legislatures, Rent, and tenancy rights, etc.
Administrative Tribunals Act, 1985 Enacted in reference to Article 323A, this Act grants the Central government authority to establish the Central Administrative Tribunal and state-level administrative tribunals. The legislation marks a significant step in providing expeditious and cost-effective justice to aggrieved public servants.

 

New Rules and Restrictions for Tribunals in India (2020)

New Rules for Tribunals (2020):

The ‘Tribunal, Appellate Tribunal, and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020’ were formulated by the Ministry of Finance, exercising powers under Section 184 of the Finance Act 2017. These rules supersede the 2017 Rules, which were invalidated by the Supreme Court, prompting the government to reframe them in line with court principles.

 

Provisions of the New Rules:

  • Applicability: The rules apply to 19 Tribunals, excluding Foreigners Tribunals.
  • Appointment: Central Government appoints members based on the recommendations of the “Search cum Selection Committee” comprising the Chief Justice of India (CJI) or a nominated judge, the President/chairperson of the relevant tribunal, and two government secretaries from the concerned ministry/department.
  • Removal: The Search cum Selection Committee holds the authority to recommend removal and conduct inquiries into misconduct allegations.
  • Qualifications: Only individuals with judicial or legal experience are eligible for tribunal appointments.
  • Term: Tribunal members serve a fixed term of four years.
  • Independence: Unlike the 2017 Rules, the 2020 Rules eliminate the provision for re-appointment of members.

 

Restrictions for Tribunals in India:

  • Jurisdiction of Tribunals:
      • Specialized Areas: Tribunals have jurisdiction over specific legal domains like employment, tax, environment, or administrative law.
      • Statutory Grant: Their authority is conferred by statutes, defining the types of cases within their purview.
      • Limited Appellate Jurisdiction: Some tribunals possess limited appellate jurisdiction, reviewing decisions made by lower tribunals or administrative bodies.

 

  • Restrictions on Tribunals:
    • Limited Jurisdiction: Tribunals operate within their designated areas and cannot exceed statutory authority.
    • Procedural Constraints: Adherence to procedural rules outlined in the governing statute is mandatory.
    • Appeal Mechanism: Decisions of tribunals may be subject to appeal, ensuring oversight, correcting potential errors, and upholding fairness.

Source: Supreme Court rules that tribunals cannot direct government to frame policy – The Hindu

Q.1 Consider the following statements about Tribunals:

  1. Members of tribunals are not eligible for reappointment.
  2. Only individuals with judicial or legal experience are eligible for tribunal appointments.

Which of the statements given above is/are correct? 

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

 

ANSWER: C

 

Q.2 Discuss the concept of judicial overreach in the context of tribunals, highlighting instances where tribunals may exceed their designated powers and encroach upon the authority of traditional courts.

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