Sunday, 23 January 2022

Administrative tribunals


These tribunals are the agencies that are created for the adjudication of controversies arising in the implementation of provisions of the enactments. The Court cannot solve all the problems in the short time, so there is some other ways to provide the solution for the parties. These are known as alternate dispute redressal system. These administrative tribunals are set up to provide judgements for the quasi-judicial problems. A tribunal is an adjudicating body which decides controversies between the parties and exercises judicial powers and thus possesses some of the trappings of a court but not all. These powers to these tribunals are derived from laws and statutes and not from the agreement of the parties. But it is not court in the strict sense. It has some judicial powers and perform some judicial and all quasi-judicial matters.  They are independent and no one can interrupt in their judicial and quasi-judicial functions, The tribunals can perform cases between both private parties and the Government. The writs of Certiorari and prohibition are available against decisions of the Administrative Tribunals. As we know it performs only the civil cases and no criminal nature cases can be solved by this. 

We can see some of the Tribunals that are performing their duties effectively. 

Railway Tribunals: 

This tribunal was established under Railways Act, 1890. It consists of the Chairman who worked as the Judge in Supreme court and two members who have knowledge about economic and commercial matters in India or worked in the Railway department. The term of office is not more than five years. The members were appointed by the Central Government. It has the characters of the Civil Court, The parties are heard as persons or through their lawyers and the decision of the Tribunal is the final. 

Industrial Tribunal: 

This was set up under Industrial Disputes Act, 1947. The tribunal consists of more than one person who are appointed by the Central or appropriate state government according to the cases. One of the members will be the Chairman of the Tribunal. It is a quasi-judicial body and not completely administrative body. The proceedings of this tribunal must be held in public and the award becomes the final on publication in the Government Gazette. All the members should sign the award otherwise it become illegal. 

Income Tax Tribunal

This tribunal was set up under The Income Tax Act, 1961. It consists of both judicial members and Accountant professionals. They are appointed by the Central government. One of the judicial members will be the chairman of the Tribunal. The Tribunal is under the control of Ministry of Law. It has benches in important cities like Ahmedabad, Allahabad, Mumbai, Calcutta, Chennai and Delhi. The tribunal has its own procedure and the order passed must be in writing and signed by the members of bench. It will be made known to the Commissioner of Income Tax. It acts like a judicial body and can call the witness. The appeal can be taken if there is any question of law and not for the question of facts. The Appeal can be taken to the High Court and then to the Supreme court. 

There are also some other tribunals like Copyright board, Claims Tribunal, Banking and Insurance Tribunal. According to Malimath Committee, the tribunal set up must retain basic judicial character to be considered as an alternative institutional mechanism in substitution of High court and other civil courts. 

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