administrative tribunal

Administrative tribunals are adjudicating bodies set up by statute to decide specialised disputes quickly and with expert knowledge. Article 323A allows Parliament to create tribunals for service disputes of public servants, and the Central Administrative Tribunal (CAT) and State tribunals were set up under the Administrative Tribunals Act, 1985. Article 323B allows tribunals for tax, land reform, elections and other matters.

The Supreme Court in L. Chandra Kumar (1997) held that the power of judicial review of High Courts under Articles 226/227 is part of the basic structure, so tribunal decisions are subject to review by a Division Bench of the High Court. Tribunals supplement, not replace, the High Courts.

Example

The dismissed central government clerk first had to approach the administrative tribunal (CAT), and only then could he challenge its order before the High Court.

In Indian law

• Articles 323A and 323B, Constitution of India
• Administrative Tribunals Act, 1985
• L. Chandra Kumar v. Union of India, 1997 INSC 288

See also

tribunal · judicial review · basic structure doctrine

Read more in the study notes

• Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
• Separation of powers and its bearing on administrative law (Administrative Law)
• Rule of law and droit administratif (Administrative Law)
• Classification of administrative action (Administrative Law)
• Judicial power of the administration: quasi-judicial functions and administrative adjudication (Administrative Law)
• The rule against bias (Administrative Law)