Tribunals

Constitutional Provisions

• The original Constitution did not contain provisions with respect to tribunals.
• The 42nd Amendment Act of 1976 added a new Part XIV-A to the Constitution an part is entitled as ‘Tribunals’ under two Articles–Article 323 A dealing with administrative tribunals and Article 323 B dealing with tribunals for other matters.

Administrative Tribunals

• Administrative Tribunals was set-up by an act of Parliament, Administrative Tribunals Act, 1985. It owes its origin to Article 323 A of the Constitution.
• It adjudicates disputes and complaints with respect to recruitment and conditions of service of persons appointed to the public service and posts in connection with the affairs of the Union and the States.
• Type
  1. Central Administrative Tribunal  (CAT)
     • It has jurisdiction to deal with service matters pertaining to the Central Government employees or of any Union Territory, or local or other government under the control of the Government of India, or of a corporation owned or controlled by the Central Government.
     • The CAT was set-up on 1 November 1985.
     • 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 tribunal consists of a Chairman, Vice-Chairman and Members.
     • The Members are drawn, both from judicial as well as administrative streams so as to give the Tribunal the benefit of expertise both in legal and administrative spheres.
  2. State Administrative Tribunal
     • Article 323 B empowers the state legislatures to set up tribunals for various matters like levy, assessment, collection and enforcement of any of the tax matters connected with land reforms covered by Article 31A.
  3. Joint Administrative Tribunal (JAT)
     • 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.