Describe the status of Administrative Tribunals

 To provide in-expensive and speedy relief to Central Government Employees in respect of their grievances related to service matters, the administrative tribunals have been established.

The administrative tribunals have been given constitutional status by adding Part XIV-A (Articles 323-A and 323-B) by the Constitution (Forty-second Amendment) Act, 1976. Article 323 A provides for the establishment of administrative tribunals for adjudication or trial of disputes and complaints with respect to recruitment and condition of service of persons appointed to public services.

Article 323B makes provision for the creation of tribunals for adjudication or trial of disputes, complaints or offences connected with tax, foreign exchange, industrial and labour disputes, land reforms, ceiling on urban property, elections to Parliament and State Legislatures, etc.

The Indian Parliament has exclusive power to enact a law under article 323A while both Parliament and State Legislatures can make laws on matters of article 323B subject to their legislative competence.

In general sense, the ‘tribunals’ are not courts of normal jurisdiction but they have very specific and predefined work area. The administrative tribunals are not original invention of the Indian Political System.

They are well established in other democratic countries of Europe as well as United States of America, particularly France. Lord Greene said administrative tribunals perform hybrid functions.

Exercising the powers conferred by the Article 323A of the Constitution, Indian Parliament passed a law to establish the administrative tribunals in India. The Administrative Tribunals Act, 1985 provides for adjudication or trial of disputes and complaints with respect to recruitment and conditions of service of public servants.