ABSTRACT
This article presents a comprehensive and in-depth examination of the administrative tribunal system in India, tracing its historical development, growth, and evolution over the years. The study delves into the designation of tribunals under Indian law, including the categorization of administrative tribunals and the role of Articles 323A and 323B in shaping the tribunal system and provides a detailed overview of the Administrative Tribunals Act, 1985, which established administrative tribunals to adjudicate disputes related to recruitment and conditions of service of government employees. It examines the jurisdiction, powers, and functions as well as their relationship with the judiciary and also explores the distinction between courts and tribunals, highlighting the differences in their jurisdiction, powers, and functions.
Furthermore, the article examines the drawbacks and disadvantages of administrative tribunals, including issues related to their composition, procedure, and jurisdiction and it discusses the challenges faced by these tribunals, including concerns related to their independence, impartiality, and effectiveness, as well as the need for ongoing reforms to strengthen the tribunal system. The study concludes by emphasizing the significance of administrative tribunals in providing access to justice and promoting good governance in India and highlights the need for ongoing reforms to strengthen the tribunal system and concludes that, for tribunals to serve their purpose without compromising justice, there must be continual reforms to enhance transparency, accountability, and adherence to fundamental legal principles.
Keywords: Administrative Tribunals, Articles 323A and 323B, Judicial Reforms, Access to Justice, Good Governance.
INTRODUCTION:
The administration of justice is a cornerstone of any democratic society, and the Indian judiciary has long been committed to upholding the rule of law and protecting the rights of citizens. However, the increasing complexity of modern governance and the growing number of disputes arising from administrative decisions have placed a significant burden on the traditional judicial system. In response to this challenge, the Indian government has established a network of administrative tribunals, which provide a specialized forum for resolving disputes related to administrative matters. Administrative adjudication refers to the exercise of judicial functions by administrative authorities, blurring the lines between the executive and judiciary. This development, while challenging the separation of powers principle, has become embedded in the constitutional structure. Through administrative adjudication, government agencies and tribunals can render authoritative and appealable decisions, expediting dispute resolution outside traditional courts.
Tribunals have been part of our administrative landscape for some considerable time[1]. Administrative tribunals are quasi-judicial bodies that have been empowered to adjudicate disputes arising from administrative decisions, such as service matters, taxation, and other regulatory issues. These tribunals are designed to provide a faster, more efficient, and more specialized forum for resolving administrative disputes, thereby reducing the burden on the traditional judiciary and improving access to justice for citizens. The creation of a tribunal system can also alleviate problems for the courts, which can become inundated by judicial review applications within a particular area.[2]The creation of administrative tribunals in India is constitutionally mandated to handle disputes related to administrative matters. Notably, tribunals were introduced into the Indian constitutional framework through the 42nd Amendment Act, 1976. Administrative tribunals, in particular, operate as specialized bodies, discharging adjudicatory functions beyond the purview of traditional courts. By doing so, they provide an alternative framework for resolving disputes, ensuring expedited justice and alleviating the burden on the judiciary.
[1] R. Wraith and P. Hutchesson, Administrative Tribunals (Allen & Unwin, 1973), J. Farmer, Tribunals and Government (Weidenfeld & Nicolson, 1974), P. Birkinshaw, Grievances, Remedies and the State (sweet & maxwell), 2nd ed. 1994); R. Rawlings, Grievance Procedure and Administrative Justice. A Review of Socio-Legal Research (1987).
[2]Sir Harry Woolf, “Judicial Review: A Possible Programme for Reform” [1992] P.L. 221, 228.