Kinds of Tribunal Advisory Tribunals Special court etc established based on particular subject matter only deal to jurisdiction defined. It explains that Administers is the head power of tribunals not answerable to court, not followed the procedure of CPC.
Why we need Administrative Tribunals
We need Administrative Tribunal Because of welfare state, acquired the provision of welfare state and Credit the Tribunal Court.
- ordinary law Courts was not competent enough.
- Safety to be ensured, these are outcomes specific remedies.
Advantages: Cheaper than any other court Proceedings and hearing.
- Speedy Justice
- Adequate Justice
- Minimal the burden of courts.
Special Courts
The special court are government under High court, it is made for specific purpose.
Administrative Adjudication/Tribunals: (Hearing officer), Administrative Tribunals they come into India through “Constitution of India in Part XIV(A). Article 323 A and 303 B” by 42nd Ammendment Act, 1986, by Swaran Committee.
Legislative-> Executive ->Judiciary. Experiments of law administrative Enforcing agency Administrative law.
Technical Clock of knowledge
- Advocate
- Stamp
- Court Fee & others
- Approving
- Pleeding
- Pendency
Administrative Tribunals don’t have judges, they have hearing officers with, Judicial members + expertise in a field.
- Substantive law : Rights & Duties.
- Indian Penal code.
- Procedural law: Procedure of Rights and Duties.
- CPC and CRP.C, procedure.
- Constitutional Law : It is a combination substantive and procedural law.
Generally, executive has the power only to execute the law that, there are intence in which executive plays role of legislation and Judiciary in order to function of enforcement of law.
Constitution / Composition:
- 1 chairman Judicial Head
- Judge of High Court or
- 10-15 years of advocacy in high court or
- Judge of District Court or
- Appointed as a Judge of District Court
- Articles 32, 226, 136.
- 2 or more members
- Expertise in banking process, kf any person suffer loss due to this ther negligence then Tribunal will not Negligence,
- One man Tribunal
- Audi Atterom Partem
Income Tax Tribunal s: Constituted under ITA (Income Tax Act) 1961.
@Composition: 1 chairman, 2 Number of members Judicial member Accountants/Practising. CA.
@Qualifications: Judicial members 10 years Judicial Post.
- Finance Expert: Chartered Accountant Practising for 1o years.
@Res Judicata -> Party should te same and subject matter should be different.
@Not explicitly but indirectly the decision go out.
Supreme Court->High Court-> Consumer Tribunals-> NC National Commission->SC state Commission-> District forum.
Case: SP Sampat Kumar V/s Union of India, 1987.
- Administrative Tribunals Act, 1885, it defines the Jurisdiction.
- It Gives powers to Supreme Court and Labour Disputes
- Supreme Court pronounced it there is no provision in this clause.
Case: Chandra Kumar : Finnally favours High Court and supreme court.
Industrial Tribunal : one man Tribunal for the labour (the people who working). Industscial Disputes Act, 1947 Remuneration, wark place.
Composition: 1 chairman- Judicial Head,
- Judge of High Court or
- Judge of District court or
- Appointed as a Judge of District Court.
Members-> Expertise -> Banking procress.
It is a Central Government Autonomous body. It is govern by ministry of ministry of law and not by ministry of Finance.
Income Tax Tribunal 1961
Composition: 1+2 , 1- Members, 1- Accountants Account Practicing CA, 1 chairman judicial member.
Qualification of Judicial member : He must have been holding a 10 years of Judicial post.
He must have been Grade 3 officers of the Central legal department, and not less than 3 years.
He must have been a Practicing Lawyer for 10 years.
Qualification of Accountant Member: CA registered in the charted Accountant Act, 1949, and must have practicing for 10 years as a CA.
Industrial Tribunal & Income Tax Tribunal
Both the Tribunals are have : Appeal, Review power in some cases, and power of adjudication is Final.
It came in 42nd Ammendment Act, 1976 under, Article 323 A & 323 B of the Indian Constitution. This Act contains 37 sections and 5 chapters-:
- It deals with Remuneration.
- Recruitment condition of the working class.
- Case: Ashish Handa v/s High Court of Punjab & Haryana.
Central Administributive Tribunal
This Act was constituted to provide for the adjudication or trials by Administrative Tribunal of Dispute and complaints with respect of to recruitment and conditions of services of person’s appointed to public services and posts.
There are two Amendments in this Tribunal i.e. in 1986 and in 1987.
Composition: 1 Chairman+ 16 vice chairman + 49 members.
Minimum 1+1+ 2, Judicial Head, Administrative Head
Qualification: 1 chairman Judge of High court or Held office of vice chairman for 2 years.
1 Vice Chairman(additional member) qualification: Secretary General of Government of Indian for for 2 years or
- A person whose pay scale is not less than secretary General of Government of India or
- Any post-> state Government or Central Government, whose pay scale is not less than an Additional secretary General of India for 5 years.
Members: 49 Judicial member, Judge of High Court, 2 years of legislative post, Department of legal affairs in government of India.
How they are appointed
- Central Tribunal Proposal -Central Government, Pass on-CJI Preference + President
- State Tribunal Proposal state Government, Pass On- Chief Justice (CJ) + Governor of state.
- Joint Tribunal, Proposal State Government, Pass On- Designated States + Chief Justice (CJ).
In Absence of Administrative member+ Judicial member then, Chairman itself discharge the functions of both the members of Judicial and Administrative.