March 23, 2019
Tribunals – Central Administrative Tribunal
- The original Constitution did not contain provisions with respect to tribunals.
- The 42nd Amendment Act of 1976 added a new Part XIV-A
- This part is entitled as ‘Tribunals’ and consists of only two Articles
- Article 323 A dealing with administrative tribunalsÂ
- Article 323 B dealing with tribunals for other matters.
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Administrative Tribunals
- Article 323A empowers the Parliament to provide for the establishment of administrative tribunals
- It enables the Parliament to take out the disputes relating to service matters from the civil courts and the high courts and place it before the administrative tribunals.
- In pursuance of Article 323A, the Parliament has passed the Administrative Tribunals Act in 1985.
- The act authorises the Central government to establish
- Central administrative tribunal
- State administrative tribunals
- This act opened a new chapter in the sphere of providing speedy and inexpensive justice to public servants
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Central Administrative Tribunal (CAT)
- The Central Administrative Tribunal (CAT) was set up in 1985
- It’s principal bench in Delhi and additional benches in different states.
- At present, it has 17 regular benches, 15 of which operate at the principal seats of high courts and the remaining two at Jaipur and Lucknow.
- These benches also hold circuit sittings at other seats of high courts.
- The CAT has original jurisdiction in recruitment and all service matters of public servants covered by it.
- Its jurisdiction extends to
- All-India services
- Central civil services
- Civil posts under the Centre
- Civilian employees of defense services.
- Its jurisdiction doesn’t cover
- Members of the defense forces
- Officers and servants of the Supreme Court
- Secretarial staff of the Parliament
- The CAT is a multi-member body consisting of a chairman and members
- Earlier, the CAT consisted of a Chairman, Vice-Chairmen and members.
- In 2006, the members have been given the status of judges of High Courts by amendment in the act
- Chairman and members are drawn from judicial or administrative streams
- They are appointed by the president.
- They hold office for a term of 5 years or until age of 65 years, for chairman or 62 years for members, whichever is earlier.
- The appointment of Members in CAT is made on the basis of recommendations of a high powered selection committee chaired by a Sitting Judge of Supreme Court who is nominated by the Chief Justice of India.
- After obtaining the concurrence of Chief Justice of India, appointments are made with the approval of Appointments Committee of the Cabinet (ACC).
- The CAT is not bound by the procedure laid down in the Civil Procedure Code of 1908.
- It is guided by the principles of natural justice.
- These principles keep the CAT flexible in approach.
- Only a nominal fee of 50 is to be paid by the applicant.
- The applicant may appear either in person or through a lawyer.
- Originally, appeals against the orders of the CAT could be made only in the Supreme Court and not in the high courts.
- In the Chandra Kumar case (1997), the Supreme Court declared this restriction on the jurisdiction of the high courts as unconstitutional
- It laid down that appeals against the orders of the CAT shall lie before the division bench of the concerned high court.
- Consequently, now it is not possible for an aggrieved public servant to approach the Supreme Court directly against an order of the CAT, without first going to the concerned high court.
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State Administrative Tribunals
- The Administrative Tribunals Act of 1985 empowers the Central government to establish the State Administrative Tribunals (SATs) on specific request of the concerned state governments.
- The SATs exercise original jurisdiction in relation to recruitment and all service matters of state government employees.
- The chairman and members of the SATs are appointed by the president after consultation with the governor of the state
- The act also makes a provision for setting up of joint administrative tribunal (JAT) for two or more states.
- A JAT exercises all the jurisdiction and powers exercisable by the administrative tribunals for such states.
- The chairman and members of a JAT are appointed by the president after consultation with the governors of the concerned states.
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 Tribunals for other matters
- Under Article 323 B, the Parliament and the state legislatures are authorised to establish tribunals for other matters
- Taxation
- Foreign exchange, import and export
- Industrial and labour
- Land reforms
- Ceiling on urban property
- Elections to Parliament and state legislatures
- Food stuffs
- Rent and tenancy rights3
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