Nature and scope of Administrative Tribunals in Indi
Submitted By:- Submitted To:-
Amarendra Kumar Dr. Jaswinder Kaur Roll No – 18133 Patiala, Punjab Introduction
Tribunal is a quasi-judicial institution.
Article 323A and 323B. Magistrates of the Classical Roman Republic. Tribunals are organized as a part of civil and
criminal court system under the supremacy of
the Supreme Court of India. Characteristics of Administrative Tribunals • Administrative tribunals must have statutory origin. • They are not adhered by strict rules of evidence and procedure. • These tribunals are bound to abide by the principle of natural justice. • Performs the quasi-judicial and judicial functions and is bound to act judicially in every circumstance. Distinction between Courts and Tribunals Courts Administrative Tribunal
A Court of law is a part of the
The administrative tribunal is traditional judicial system. an agency created by a statue endowed with judicial A Court of law is vested with powers. general jurisdiction over all It deals with service matters the matters. and is vested with limited It is strictly bound by all the jurisdiction to decide a rules of evidence and by the particular issue. procedure of the Code of It is not bound by the rules of Civil Procedure. the Evidence Act and the CPC It is presided over by an unless the statute which officer expert in the law. creates the tribunal imposes such an obligation. Procedure and Powers of Tribunals Section22 of the Administrative Tribunals Act, 1985 lays down the powers and procedure of tribunals. S.P. Sampath Kumar v. Union of India Union of India v. R. Gandhi, President, Madras
Bar Association. Advantages and Drawbacks Advantages :- Drawbacks :-
Flexibility Against the Rule of Law
Speedy Justice Lack of specified procedure Less Expensive No prediction of future decisions Quality Justice Scope of Arbitrariness Relief to Courts Absence of legal expertise Conclusions & Suggestions