ADMINISTRATIVE

TRIBUNAL
Articles 227 and 136 of the Constitution o India provide only
the word ‘tribunal and nothing more. As there is no precise or
scientific form of definition for tribunal, we should divest our
concentration on the Supreme Court for its views regarding
the tribunals by referring to certain case laws.
In Durga Shankar Mehtha v/s Raghuraj Singh the Supreme
Court expressed that Tribunal ‘as used in Article 136 does not
mean the same thing as court ‘but includes within its ambit,
all adjudicating bodies provided they are constituted by the
state and invested with judicial as distinguished from
administrative or executive functions.
In Bharat Bank Ltd. v/s Employees, the Supreme Court
observed that though tribunals are clad in many of the
trappings of court and though they exercise quasi-judicial
functions, they are not fullfledged court.
In Associated cement companies Ltd. v/s P.N. Sharma, the
Supreme Court concluded about the tribunal as that it is an
adjudicating body which decides controversies between the
parties and exercises judicial powers as distinguished from
purely administrative functions and the possesses some of the
trappings of a court, but not all.
There is basis test within Article 136 or 226 for tribunals that –
a. It is an adjudicating authority other than the court.
b. The power of adjudicating must be derived from a statute or a
statutory rule.
c. The power of adjudicating must not be derived from an agreement
between the parties.
S.N. Jain defines the tribunal, as ―the work is a name given to
various types of administrative bodies. The only common element
running through these bodies is that they are quasi- judicial and are
required to observe principles of natural justice or fair hearing while
determining issues.
Characteristics of Administrative Tribunals
1. An Administrative tribunal has statutory origin as it is creature of statute;
2. It has the get –up of a court with having some of the trapping of a court but
not all;
3. It performs quasi-judicial functions as it is entrusted with judicial powers of
the State which is distinguished from pure administrative or executive functions;
4. It is a self-styled entity within the ambit of the Act regarding rigid procedures.
It means it is not bound by the strict rules which should be followed by the court
i.e. rules of evidence;
5. In some aspects of procedural matters such as to summon witnesses, to
administer oath, to compel production of documents etc. it has possessed power
as of the court;
6. Though the discretion is conferred on them, it is to be exercised objectively
and judicially. It means that most of its decision is recorded the finding of facts
objectively and apply the law
without regard to executive policy.
7. It is confined exclusively to resolve the disputes/cases in which government is
a party but often it moves to decide the disputes between two private parties. for
example - Election tribunal, Rent Control Board;
8. It enjoys independent status free from any administrative interference in the
discharge of their judicial or quasi-judicial functions;
9.The prerogative writs of certiorari and prohibition are available against the
decisions of administrative tribunals
Objectives of the administrative tribunals:
a. To provide for a forum to deal exclusively with service matters
which off loaded the burden of the cases of High Court from their
jurisdiction;
b. To provide inexpensive and speedy relief to government servants in
service matters;
c. To provide special powers to the tribunals to make their own
special powers and procedures and not be guided by the Civil
Procedure Code or the Law of Evidence but to work according to
rules of natural justice.
d. As far as creation of tribunals is concerned constitution is silent. No
express provision in the Constitution, as it stood originally, provides
for the establishment of tribunals.
Tribunal is not a substitute for High Court:
The tribunals empowered to adjudicate disputes and entertain
complaints with respect to service matters. All other courts except
Supreme Court are barred to entertain these cases. Therefore,
tribunals do enjoy the same status or are at par with High Court. The
Supreme Court in S.P. Sampath Kumar‘s case declared that the
tribunal is the substitute of High Court and is entitled to exercise the
power thereof. The position emerges that the High Court and
tribunals are not rival institutions. The tribunals are apart of the
jurisdiction of High Court i.e., relating to service matters an appeal
cannot lay within the High Court against the order or judgment and as
a matter of right before the Supreme Court.
L. Chandrakumar v/s Union of India
But in Chandrakumar v/s Union of India case, the Supreme Court
reversed its earlier judgment and ruled that power of judiciary vested
in the Supreme Court and High courts is constituted part of the basic
structure of the constitution and could not be taken away. Now the
tribunals are allowed to function as courts of first instance subject to
the jurisdiction of High Courts. This downgraded the role of tribunals
from the substantial role to supplemental role.
Jurisdiction of tribunals in service matters
According to Article 323A, administrative tribunals can adjudicate the disputes and
complaints with respect to the recruitment and conditions of service of persons
appointed to public services and posts at Union Level, State Level as well as Any local
or other authority within the territory of India.
Article 323 B empowers the parliament or state legislatures to set up tribunals for
matters other than those mentioned above.
Levy, assessment, collection and enforcement of any tax
Foreign exchange, import and export across customs frontiers;
Industrial and labour disputes;
Matters connected with Land reforms covered by Article 31A
Ceiling on urban property;
Elections to either House of Parliament or the House or either House of the Legislature
of a State, but excluding the matters which include
Public Service Commission
The UPSC is a central agency that has great responsibility for
conducting examinations pertaining to Civil Services, Engineering
Services, Defence Services, and Medical Services. It also conducts
Economic Service, Statistical Service, and Police Forces
examination.
Constitutional Provisions
1. Article 315 to 323 of Indian Constitution has a provision for such
an agency.
2. According to Act 315 of the constitution of India, there shall be a
permanent Union Public Service Commission for appointment to the
various posts of the central government services.
3. Similarly, as Act 318 of the constitution of India also stated that the
Union Public Service Commission will be constituted with a
chairman and a fixed number of members; the number of such
members and the terms and conditions of their service is to be
determined by the President of India. The President, as such, appoints
the Chairman and other members of the commission for a period of
six years.
Appointment and Tenure

1. The Commission consists of a Chairman and ten other members. They are
appreciative to follow
the rules mentioned in Union Public Service Commission (Members)
Regulations, 1969.
2. All the members of the commission are appointed by the President of India
with at least half of the members being the Civil Servants (working or retired)
with no less than ten years of experience in Central or State service.
3.The Chairman of the Union Public Service Commission has not been
authorized to take any office of profit under the central or any of the state
governments after his retirement from service as chairman.
4. Art. 322 announces that the remuneration and allowances of these members
including the chairman will be considered as expenditure charged upon the
Consolidated Fund of India, which means that their salaries and allowances are
5.The Secretariat of UPSC is led by a Secretary, two additional secretaries, joint
secretaries, and deputy secretaries.
6. Every member can hold office for six years or till the time he attains the age
of 65 years, whichever is earlier.
7. A member can submit his resignation at any time to the President of India.
8. On the other side, the President can eliminate him on the basis of
misbehavior.
Union Public Service Commission
State Public Service Commission: The Constitution establishes a Public Service
Commission in each State [Art. 315(1)]. It is possible for two or more States to
have a Joint Public Service Commission [Art.315 (2)]. The basic policy of the
Constitution is that each State should have its own Public Service Commission,
but if for administrative or financial reasons it is not possible for each State to
have a Commission of its own, two or more States may have a Joint Public
Service Commission.
Functions of UPSC

The UPSC conducts examination for All-India Services Central Services and Public Services
for different Indian states and Union territory
It helps the states in composing and implementing schemes of combined recruitment for any
services requiring special qualifications.
The UPSC serves the interests of the State on the demand of the Governor and with the
consent of the President of India.
The UPSC shall be consulted in the matters of :
Demands for compensation of legal express obtained by a civil servant in defending
proceeding instituted against him.
Matters relating to the interim appointments for a period exceeding one year
Matters of personnel management etc.
The Union Public Service Commission make suggestions which are advisory in nature. The
recommendations from UPSC are not binding on the government.
Constitutional provisions regarding Civil Servants in India
Recruitment And Regulations In The Conditions Of Service Of Civil Servants:
Doctrine Of Pleasure:
In India Article 310 of the Indian Constitution describes widely the pleasure
exercised by the President of India, on appointment and dis-missal of the Civil
servant.
The article widely states that the Persons who are:
Members of Defence Services of India
Members of Union Public Service Commission of India
Members of State Public Service Commission of India
All India Services of India
Exceptions of Doctrine of Pleasure
The foremost restriction on removal or dis-missal of any civil servant is laid down under
Article 311 which states that all the field covered and listed under it are excluded from the
exercise of Doctrine of Pleasure. Even it provides an concrete immunity to the civil servants,
as they can sue the State or the Union against an arbitrary removal or dismissal and for the
entitled salary of the Civil Servant.
Hearing Oppurtunity
Who are Actually Civil Servants?
V.K. Nambudri v. Union of India it has been laid down by Hon'ble High Court of Kerala that
the defences and safeguards ensured to the Civil Servants in India are not available to the
Defence Personnel or any associated civil employee from them, as article 311 is strictly
applied and available only for the Civil Servants.
State of U.P. v A.N. Singh
Existence of Master
State must be the Selecting and Appointing Authority
Payment must be released from the State Treasury
Composition of Election Commission

• Article
324 of the Constitution has made the following provisions
with regard to the composition of the election commission:
• The President appoints the Chief Election Commissioner and other
election commissioners.
• When
any other EC is so appointed, the CEC acts as the Election
Commission’s Chairman.
• The
President can also appoint regional commissioners to assist the
Commission, if necessary after consulting with the Election
Commission.
• The
tenure of office and the conditions of service of all the
commissioners shall be determined by the country’s President.
Election Commission of India
Part Xv Of The Constitution Of India
Article 324. Superintendence , direction, and control of elections to be vested in
an Election Commission.
TN Seshan v Union of India
Democracy being the basic feature of our constitutional set up, there can be no
two opinions that free and fair elections to our legislative bodies alone would
guarantee the growth of a healthy democracy in the country. ln order to ensure
the purity of the election process, it was thought by our Constitution-makers that
the responsibility to hold free and fair election in the country should be
entrusted to an independent body which would be insulated from political and/
or executive interference.
Structure Of The Election Commission
Powers of The Election Commission
Determining the Electoral Constituencies’ territorial areas throughout the
country on the basis of the Delimitation Commission Act of Parliament.
Preparing and periodically revising electoral rolls and registering all eligible
voters.
Notifying the schedules and dates of elections and scrutinising nomination
papers.
Granting recognition to the various political parties and allocating them election
symbols.
Acting as a court to settle disputes concerning the granting of recognition to
political parties and allocating election symbols to the parties.
Appointing officers for inquiring into disputes concerning electoral arrangements.
Determining the code of conduct to be followed by the political parties and candidates during elections.
Preparing a program for publicising the policies of all the political parties on various media like TV and
radio during elections.
Advising the President on matters concerning the disqualification of MPs.
Advising the Governor on matters concerning the disqualification of MLAs.
Cancelling polls in case of booth capturing, rigging, violence and other irregularities.
Requesting the Governor or the President for requisitioning the staff required for conducting elections.
Supervising the machinery of elections throughout the country for ensuring the conduct of free and fair
elections.
Advising the President on whether elections can be held in a state that is under the President’s rule, in
order to extend the period of emergency after 1 year.
Registering political parties and granting them the status of national or state parties (depending on their
poll performance).
Functions of Election Commission

To direct and control the entire process of conducting elections to Parliament and Legislature of every
State and to the offices of President and Vice-President of India.
To decide the election schedules for the conduct of periodic and timely elections, whether general or bye-
elections
To decide on the location of polling stations, assignment of voters to the polling stations, location of
counting centres, arrangements to be made in and around polling stations and counting centres and all
allied matters
To prepare electoral roll and issues Electronic Photo Identity Card (EPIC)
To grant recognition to political parties & allot election symbols to them along with settling disputes
related to it
To sets limits of campaign expenditure per candidate to all the political parties, and also monitors the same
To advise in the matter of post-election disqualification of sitting members of Parliament and State
Legislatures.
To issue the Model Code of Conduct in the election for political parties and candidates so that no one
indulges in unfair practice or there is no arbitrary abuse of powers by those in power.
Importance of Election Commission for India

The Election Commission has been successfully conducting national as well as state elections since
1952. Now, it plays an active role to ensure the greater participation of people.
The Commission has brought discipline among the political parties with a threat of derecognizing if
the parties failed in maintaining inner-party democracy.
It supports the values preserved in the Constitution viz, equality, equity, impartiality, independence;
and rule of law in superintendence, direction, and control over the electoral governance.
ECI helps in conducting elections with the highest standard of credibility, fairness, transparency,
integrity, accountability, autonomy and professionalism.
In the electoral process, it ensures the participation of all eligible citizens in an inclusive voter-
centric and voter-friendly environment.
The Election Commission of India engages with political parties and all stakeholders in the interest
of the electoral process.
It creates awareness about the electoral process and electoral governance amongst stakeholders
(political parties, voters, election functionaries, candidates and people at large) to enhance and
strengthen confidence and trust in the electoral system of this country.
Challenges faced by Election Commission

Increased violence and electoral malpractices under influence of money have resulted in
political criminalization, which ECI is unable to arrest.
Election Commission is not adequately equipped to regulate the political parties. It has no
power in enforcing inner-party democracy and regulation of party finances.
ECI is becoming lesser independent of the Executive which has impacted its image.
Allegations of EVMs malfunctioning, getting hacked and not registering votes, destroys the
trust of the general masses in ECI.