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Ramakant Sharma
Ramakant SharmaInk Innovator
Asked: March 20, 20242024-03-20T16:12:28+05:30 2024-03-20T16:12:28+05:30In: Philosophy

Explain the concept, constitutional provisions and features of the Administrative Tribunal.

Describe the Administrative Tribunal’s purpose, its characteristics, and its requirements under the constitution.

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    1. Ramakant Sharma Ink Innovator
      2024-03-20T16:13:31+05:30Added an answer on March 20, 2024 at 4:13 pm

      1. Concept of Administrative Tribunal:

      Administrative Tribunals are specialized judicial bodies established to adjudicate disputes arising out of administrative actions and decisions made by government authorities and agencies. These tribunals provide an alternative dispute resolution mechanism outside the traditional court system, aiming to ensure speedy, efficient, and expert resolution of administrative disputes.

      2. Constitutional Provisions:

      The establishment and functioning of Administrative Tribunals in India are governed by constitutional provisions, primarily under Article 323-A and Article 323-B of the Constitution of India.

      • Article 323-A: This article empowers the Parliament to establish Administrative Tribunals for the adjudication of disputes relating to recruitment, conditions of service, and other administrative matters concerning public servants.
      • Article 323-B: This article allows the state legislatures to establish similar tribunals to adjudicate disputes arising within their respective jurisdictions, subject to the provisions of Article 323-A.

      3. Features of Administrative Tribunal:

      Administrative Tribunals possess several distinctive features that distinguish them from regular courts:

      • Specialization: Administrative Tribunals are specialized bodies composed of expert members with specific knowledge and expertise in the relevant administrative domain, such as employment matters, taxation, environmental regulations, etc.

      • Expediency: The primary objective of Administrative Tribunals is to ensure the speedy disposal of administrative disputes, thereby reducing the backlog of cases and providing swift justice to aggrieved parties.

      • Informality: Administrative Tribunals generally follow less formal procedures compared to regular courts, allowing for greater flexibility and informality in proceedings. This promotes accessibility and ease of approach for litigants.

      • Expertise: The members of Administrative Tribunals often possess specialized knowledge and experience in the subject matter under consideration, enabling them to render informed and well-reasoned decisions on complex administrative issues.

      • Exclusive Jurisdiction: Administrative Tribunals have exclusive jurisdiction over matters falling within their purview, as defined by the relevant legislation or constitutional provisions. They have the authority to hear and decide disputes within their specified domain, without interference from regular courts.

      • Limited Review: While Administrative Tribunals function as quasi-judicial bodies, their decisions are subject to judicial review by higher courts, primarily on points of law. However, the scope of such review is limited, and courts generally refrain from interfering with findings of fact or discretion exercised by the tribunals.

      Conclusion:

      Administrative Tribunals play a crucial role in the Indian legal system by providing an effective mechanism for the resolution of administrative disputes. By virtue of their specialization, expediency, informality, expertise, and exclusive jurisdiction, these tribunals contribute to the efficient functioning of the administrative machinery and ensure the protection of the rights and interests of individuals affected by administrative actions. Despite certain limitations, Administrative Tribunals continue to serve as vital institutions in promoting administrative justice and upholding the rule of law in India.

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