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Nature and Scope of Administrative Tribunals in India

Administrative tribunals in India were established through Articles 323A and 323B of the Constitution to provide quasi-judicial functions for service-related disputes. [1] They have statutory origin and are not bound by strict rules of evidence and procedure, but must follow principles of natural justice. [2] Tribunals deal with limited jurisdiction over service matters, unlike courts which have general jurisdiction, and are not bound by rules of evidence or civil procedure codes unless specified. [3] While tribunals provide flexibility, speedy and less expensive justice, they can also lack uniform procedures, predictability, and legal expertise.

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Amarendra Anmol
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334 views7 pages

Nature and Scope of Administrative Tribunals in India

Administrative tribunals in India were established through Articles 323A and 323B of the Constitution to provide quasi-judicial functions for service-related disputes. [1] They have statutory origin and are not bound by strict rules of evidence and procedure, but must follow principles of natural justice. [2] Tribunals deal with limited jurisdiction over service matters, unlike courts which have general jurisdiction, and are not bound by rules of evidence or civil procedure codes unless specified. [3] While tribunals provide flexibility, speedy and less expensive justice, they can also lack uniform procedures, predictability, and legal expertise.

Uploaded by

Amarendra Anmol
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Nature and scope of Administrative Tribunals in Indi

Submitted By:- Submitted To:-


Amarendra Kumar Dr. Jaswinder Kaur
Roll No – 18133 Patiala, Punjab
Introduction

 Tribunal is a quasi-judicial institution.


 Article 323A and 323B.
 Magistrates of the Classical Roman Republic.
 Tribunals are organized as a part of civil and

criminal court system under the supremacy of


the Supreme Court of India.
Characteristics of
Administrative Tribunals
• Administrative tribunals must have statutory
origin.
• They are not adhered by strict rules of
evidence and procedure.
• These tribunals are bound to abide by the
principle of natural justice.
• Performs the quasi-judicial and judicial
functions and is bound to act judicially in
every circumstance.
Distinction between Courts and
Tribunals
Courts Administrative Tribunal

 A Court of law is a part of the


 The administrative tribunal is
traditional judicial system. an agency created by a statue
endowed with judicial
 A Court of law is vested with
powers.
general jurisdiction over all  It deals with service matters
the matters.
and is vested with limited
 It is strictly bound by all the jurisdiction to decide a
rules of evidence and by the particular issue.
procedure of the Code of  It is not bound by the rules of
Civil Procedure. the Evidence Act and the CPC
 It is presided over by an unless the statute which
officer expert in the law. creates the tribunal imposes
such an obligation.
Procedure and Powers of
Tribunals
 Section22 of the Administrative Tribunals Act,
1985 lays down the powers and procedure of
tribunals.
 S.P. Sampath Kumar v. Union of India
 Union of India v. R. Gandhi, President, Madras

Bar Association.
Advantages and Drawbacks
Advantages :- Drawbacks :-

 Flexibility  Against the Rule of Law


 Speedy Justice
 Lack of specified procedure
 Less Expensive
 No prediction of future
decisions
 Quality Justice  Scope of Arbitrariness
 Relief to Courts  Absence of legal expertise
Conclusions & Suggestions

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