Civics /Polity (Administrative Tribunals)

Administrative Tribunals

- Tribunals are meant to relieve the courts of overload & expedite the process of justice in interest of affected officials

Administrative Tribunals (Article 323A)

* It authorises parliament to setup administrative tribunals for the purpose of setting disputes & complains involving civil services

* It also authorize parliament to establish an administrative tribunal for the union & a separate administrative tribunal for state or for two or more states

Central Administrative Tribunal (CAT) → For Union services including AIS

The CAT exercises jurisdiction over all service matters concerning the following:

* a member of any All-India Service

* a person appointed to any civil service of the Union or any civil post under the union

* a civilian appointed to any defence services or a post connected with defence

- However, the members of the defence forces, officers, staff of the Supreme Court and the secretarial staff of the Parliament are not covered under the jurisdiction of CAT.

State Administrative Tribunal (SAT)  → For states services including state PSC

Following categories of employees are exempted from purview of Administrative tribunal:

* Employees of SC & HC

* Armed force professionals

* Rajya Sabha & Lok Sabha members

Points of Prominence

* SC may grant a writ of certiorari if a tribunal’s decision infringes an FR

* Chairman & members of CAT & SAT are appointed by President after consultation with CJ

* Chairman & Vice Chairman retire at the age of 65 + Other members retire at the age of 62

* Chairman → Must be a HC judge (Serving/Retired) or VC of tribunal for atleast 2 years

* Members of administrative tribunals can be Judges of HC & or from civil services

Tribunal for other Services (323B)

- For jurisdiction of disputes relating to following matters

* Taxation

* Foreign exchange (export & import)

* Land reforms

* Industrial & labour disputes

* Ceiling on urban property

* Election to parliament or state legislature

* Rent & Tenancy Issues

* Production, procurement & distribution of food stuff