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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: January 31, 20242024-01-31T11:33:55+05:30 2024-01-31T11:33:55+05:30In: Public Administration

Write a note on the composition of administrative tribunals.

Jot down a note about the administrative tribunals’ makeup.

BPAE-104
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    1. Himanshu Kulshreshtha Elite Author
      2024-01-31T11:34:16+05:30Added an answer on January 31, 2024 at 11:34 am

      Composition of Administrative Tribunals: A Comprehensive Overview

      Administrative tribunals play a crucial role in dispensing justice and resolving disputes arising in the administrative domain. The composition of these tribunals is carefully structured to ensure fairness, expertise, and independence in their functioning.

      1. Chairperson:
        The head of an administrative tribunal is the Chairperson, who holds a position of authority and is responsible for presiding over hearings, guiding proceedings, and ensuring the proper functioning of the tribunal. The Chairperson is often a retired judge or an individual with significant legal expertise.

      2. Members:
        Administrative tribunals consist of members who assist the Chairperson in adjudicating cases. These members bring expertise relevant to the jurisdiction of the tribunal, such as legal, technical, or domain-specific knowledge. The composition may include both judicial and non-judicial members, depending on the nature of cases the tribunal handles.

      3. Quorum:
        Tribunals typically establish a quorum, specifying the minimum number of members required to conduct proceedings and make decisions. Quorum requirements contribute to the legitimacy and effectiveness of the tribunal's decisions.

      4. Legal Members:
        In many cases, administrative tribunals include legal members who are often retired judges or legal professionals. Their legal expertise ensures that the tribunal adheres to legal principles and procedures, providing a sound basis for decisions.

      5. Technical Members:
        Depending on the nature of the disputes the tribunal addresses, technical members may be appointed to provide specialized knowledge. For example, in environmental tribunals, experts in environmental science may serve as technical members to assess complex issues.

      6. Representation of Diversity:
        Efforts are made to ensure diversity in the composition of administrative tribunals. This diversity may include representation based on gender, ethnicity, or expertise in various fields relevant to the tribunal's jurisdiction.

      7. Independence:
        The independence of administrative tribunals is a cornerstone of their effectiveness. Members are often appointed for fixed tenures to shield them from external influences. This independence ensures impartial decision-making and upholds the principles of justice.

      8. Appointment Process:
        The appointment process for members of administrative tribunals varies across jurisdictions. In some cases, appointments are made by the executive, while in others, an independent body or a judicial appointments commission may play a role in the selection process.

      9. Ad Hoc Members:
        In certain situations, tribunals may appoint ad hoc members with specific expertise to address unique aspects of a case. These members contribute to a more comprehensive understanding of complex issues.

      10. Support Staff:
        Administrative tribunals are supported by administrative staff responsible for managing caseloads, scheduling hearings, and ensuring the smooth functioning of the tribunal. This support staff plays a crucial role in maintaining the efficiency of the tribunal.

      In conclusion, the composition of administrative tribunals is designed to ensure a balanced and knowledgeable adjudicative body. The inclusion of legal, technical, and diverse members, coupled with a commitment to independence, strengthens the credibility and effectiveness of these tribunals in addressing a wide range of administrative disputes.

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