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Dr. Ram Manohar Lohiya National Law University,

Lucknow

B.A. L.L.B. (Hons.), emester !"

(#$%&'#$%)

  Aministrative Law

  *inal Dra+t

o-ic An /verview o+ Aministrative ri0unals in

"nia

u0mitte to u0mitte 0y

Mr. hashank hekhar Nia *atima

Assistant 1ro+essor, ection A

law Roll No 2

  3nrolment no %4$%$%$2

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Acknowle5ement

I hereby extend a heartfelt gratitude towards my administrative law professor Mr. Shashank 

Shekhar for letting me research on the topic of my choice and also letting the submission

 possible under his judicious guidance.

A token of thanks is also well deserved by all the people whose valuable advice went into the

improvement of this project. The ever helpful staff of the libraray of r. !am Manohar "ohiya

 #ational "aw $niversity deserves a special mention for being overtly instrumental in completion

of this project.

I therefore humbly present this project with the best of my abilities and skills and apologise for 

any mistake or discrepancy in putting together this piece of research.

%

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"ne6

&. Introduction''''''''''''''''''''''''.(

%. An overview of the Tribunal System in India''''''''''')

*. Tracing the Trajectory of Indian +udgements from Sampath ,umar to

!.-andhi'''''''''''''''''''''''''..

(. The Tribunal System today/ Some Issues and 0oncerns''''''.&&

a1 Implications of 0handra ,umar''''''''''''''''&&

 b1 2rovisions for Administrative3Technical members''''''''..&%

c1 Tribunalisation'''''''''''''''''''''''&*

4. 0onclusion''''''''''''''''''''''''..&4

). 5ibliography''''''''''''''''''''''''&)

"ntrouction 

*

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In the current scenario of adjudication of disputes6 apart from the court system6 even tribunals

 play a very important role. The number of tribunals has been increasing after &7(& especially

after the (%nd Amendment Act of &7)6 which provided for the insertion of Art. *%*A and Art.

*%*5.% Tribunals function differently from courts6 from the manner of appointment to the

 procedure followed6 yet they seek to achieve the same objective as that of courts8 to deliver 

 justice. In this light6 the paper proceeds to analy9e the tribunal system in India.

2art I looks at the situation before the (%nd Amendment Act and the changes it brought to the

erstwhile tribunal system6 and provides a description of the meaning of the term :tribunal;. 2art

II deals with the three landmark judgments which have influenced the tribunal system to a great

extent6 namely6 S.2. Sampath ,umar v. $nion of India6 ". 0handra ,umar v. $nion of India and

the recent !. -andhi v. $nion of India. After Sampath ,umar6 the %1 A law made under clause >&1 may? >a1 provide for the establishment of an

administrative tribunal for the $nion and a separate administrative tribunal for each State or for 

two or more States@ >b1 specify the jurisdiction6 powers >including the power to punish for 

contempt1 and authority which may be exercised by each of the said tribunals@ >c1 provide for the

& . #ageswara !ao and -.5. !eddy6 octrine of +udicial !eview and Tribunals/ Speedbreakers

Ahead6 *7 journal of India law  Institute (&B >&771.

(

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 procedure >including provisions as to limitation and rules of evidence1 to be followed by the said

tribunals@ >d1 exclude the jurisdiction of all courts6 except the jurisdiction of the Supreme 0ourt

under article &*)6 with respect to the disputes or complaints referred to in clause >&1@ >e1 provide

for the transfer to each such administrative tribunal of any cases pending before any court or 

other authority immediately before the establishment of such tribunal as would have been within

the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are

 based had arisen after such establishment@ >f1 repeal or amend any order made by the 2resident

under clause >*1 of article *&@ >g1 contain such supplemental6 incidental and conseCuential

 provisions >including provisions as to fees1 as 2arliament may deem necessary for the effective

functioning of6 and for the speedy disposal of cases by6 and the enforcement of the orders of6

such tribunals. >*1 The provisions of this article shall have effect notwithstanding anything in any

other provision of this 0onstitution or in any other law for the time being in force.

Art. *%*56 The 0onstitution of India6 &74D reads thus/ Tribunals for other matters8 >&1 The

appropriate "egislature may6 by law6 provide for the adjudication or trial by tribunals of any

disputes6 complaints6 or offences with respect to all or any of the matters specified in clause > % 1

with respect to which such "egislature has power to make laws >%1 The matters referred to in

clause > & 1 are the following6 namely/ >a1 levy6 assessment6 collection and enforcement of any

tax@ >b1 foreign exchange6 import and export across customs frontiers@ >c1 industrial and labour 

disputes@ >d1 land reforms by way of acCuisition by the State of any estate as defined in Article

*&A or of any rights therein or the extinguishment or modification of any such rights or by way

of ceiling on agricultural land or in any other way@ >e1 ceiling on urban property@ >f1 elections to

either

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". An /verview /+ he ri0unal ystem "n "nia

Tribunals6 one of the bodies of administrative adjudication in India6 have witnessed much debate

in the recent years. They were set up to reduce the workload of courts6 to expedite decisions and

to provide a forum which would consist of both lawyers and experts in the areas falling under the

 jurisdiction of the tribunal.% The (%nd Amendment Act of &7)*  brought about a massive change

in the adjudication of disputes in the country6 as it provided for the enactment of Art. *%*A and

Art.*%*5 in the 0onstitution of India.( Art. *%*A provides for the establishment of administrative

tribunals by the 2arliament and Art. *%*5 provides for the establishment of tribunals to

adjudicate on the matters specified in the sub8clause with regard to which the respective

"egislature had the power to make laws.4

 Art. *%*A was to be effective only if the 2arliament

implemented a law in this regard and hence the Administrative Tribunals Act of &7B4 was

enacted.) Similarly6 tribunals could be set up under Art. *%*5 only if the necessary legislation

was enacted and there are many non administrative tribunals6 such as the Income Tax Appellate

Tribunal6 ebt !ecovery Tribunal6 the 0ustoms =xcise and Service Tax Appellate Tribunal and

the 0ompensation Tribunals.B Importantly6 tribunals existed prior to the (%nd Amendment Act

% M.2. +ain and S.#. +ain6 : principles of administrative law’ 6ol. I6 &* >)thedn.6 %DD1.

* (%nd Amendment Act6 &7).

( Arts.*%*A and *%*56 The 0onstitution of India6 &74D

4 AI! %DD% S0 &(71 that the legislatures can establish tribunals outside the scope of Art. *%*A

and Art. *%*5 as long as there was legislative competence under the Seventh Schedule.

) .. 5asu6 :commentary on the constitution of India’ 6 ol. 76 &D)( >Bthedn.6 %D&&1.

Id.) at pg. &DDD

B Ibid (

)

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and even prior to the date of the enactment of the 0onstitution6 as Art. &*) provides for the term

:tribunal; and further6 there were6 inter alia6 tribunals established under the Industrial isputes

Act of &7( and under the "ife Insurance 0orporation Act of &74). Art. *%*A and Art. *%*5 did

not provide for the setting up of the tribunals for the first time in the country6 but were rather 

meant to provide a fillip to the tribunal system 7  and provide constitutional authority for the

legislations.&D Eurther6 before the insertion of Art. *%*A and Art. *%*56 tribunals were under the

ambit of the respective 4thedn.6 %DD*1@ M.2.+ain and S.#.+ain6 Ibid %6at

))%.

&D .. 5asu6 Ibid )6 at &DDD

&& Arun !oy and ishnu +erome6 Administrative Tribunals in India/ A welcome departure from

orthodoxyF &%>&1 :tudent Bar !eview’ 6)& )*8)( >%DDD1.

&% +aswant Sugar Mills v. "akshmi 0hand6 AI! &7)* S0 )

&* =ngineering Ma9door Sabha v.

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and it had to be vested with the inherent judicial power of the state. in light of Art. *%*A1 were unconstitutional as they excluded

 judicial review. The court held that judicial review was part of the basic structure of the

0onstitution but went on to state that if the constitutional amendment did not leave a void by

excluding the jurisdiction of the th edn.6 %D&%1.

&4 Arun !oy and ishnu +erome6 Ibid &(6 at )4

&) AI! &7B S0 *B)

& .. 5asu6 :commentary on constitution of India’ 6 ol. 76 44(D >Bthedn.6 %D&&1.

B

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The court further held that these tribunals had the power of judicial review owing to the (%nd

Amendment Act. This was also because exclusion of the jurisdiction of the d16 which is similar to Art. *%*A>%1>d1 was not raised before the

0ourt.

Almost a decade later6 in L.;hanrakumar v. Union o+ "nia6&B  a seven judge 5ench of the

Supreme 0ourt overruled Sampath ,umaron the point of the power of judicial review of the

*1>d1 was raised for the first time. The important issues

raised before the 0ourt were8

• first6 whether Art. *%*A>%1>d1 and Art. *%*>51>*1>d1 violated the power of judicial review

vested with the

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• Second6 it was held that the power of superintendence of the

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deleting the provisions for appeals6 revisions or references and it also followed that the

legislature has the power to create tribunals with reference to specific enactments and

confer jurisdiction on them to decide disputes in regard to matters arising from such

special enactments.

• Second6 it was held that while the legislature could make a law providing for constitution

of tribunals and prescribing the eligibility criteria and Cualifications for being appointed

as members6 the superior courts in the country could6 in exercise of the power of judicial

review6 examine whether the Cualifications and eligibility criteria provided for selection

of members is proper and adeCuate to enable them to discharge judicial functions and

inspire confidence.

espite three landmark judgments6 there are a lot of issues  regarding the tribunal system in

India.

• Eirst6 the reasons for the establishment of the tribunals included the delivery of speedy

 justice but if the decisions of the tribunals were subject to judicial review6 the

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%. he im-lications o+ ;hanra 9umar

The judgment in 0handra ,umar has unnecessarily increased the duration of the procedure to

obtain justice when anyhow the Supreme 0ourt has the power of judicial review. As correctly

 pointed out in Sampath ,umar6 it has been held in Minerva Mills%*

 that the power of judicialreview cannot be dispensed with but the 2arliament could6 in place of the

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 power of judicial review% and it is recommended that each

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the basic structure of the 0onstitution. Eurther6 the separation of judicial power from executive

 power is also one of the facets of the principle of the rule of law.*%

In reality6 tribunals are not fully independent. The Supreme 0ourt observed that the secretary of 

the :sponsoring department; sits in the Selection 0ommittee for appointment. Eurther6 when thetribunals are formed6 they are largely dependent on the sponsoring department for infrastructure

and funding. Also6 legislations constituting tribunals habitually provide for the members of civil

services from the sponsoring departments to become members of the tribunal.**

0learly6 in light of the above6 the appointment of administrative and technical members by the

=xecutive is a contravention of the doctrine of separation of powers and the principle of the

independence of the judiciary. Surprisingly6 this issue was dealt with in light of the independence

of the judiciary by the Supreme 0ourt in as late as %D&D6 in ! -andhi.

It is recommended that the model which was adopted in the $nited ,ingdom in the Tribunals6

0ourts and =nforcement Act of %DD >KTribunals ActL1 be followed in India. The guarantee of 

 judicial independence is available to most tribunal members.*( Eor the members of the tribunals

which are created under the Tribunals Act6 appointments would be made only after the

recommendations of the +udicial Appointments 0ommission. The eligibility criteria for being a

member of the +udicial Appointments 0ommission is that the person had to be a solicitor or a

 barrister or possessed a Cualification awarded by the Institute of "egal =xecutives or by anybodyauthorised to confer rights of audience or rights to conduct litigation. *4 %D&D1 ) S0! B4

*( Sec. &6 Tribunals6 0ourts and =nforcement Act6 %DD

*4 Secs.4D and 4&6 Tribunals6 0ourts and =nforcement Act6 %DD

&(

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0urrently6 there a lot many tribunals functioning in the country6 and an exhaustive list of 

tribunals cannot be prepared. The tribunal system has been growing hapha9ardly with the lack of 

any overarching plan. There is no uniform administration of these tribunals and there is

flexibility in the norms of natural justice which have to be followed. The Supreme 0ourt

expressed the problems related to tribunals succinctly by stating that6*)

:Tribunals have been functioning inefficiently ... The situation at present is that different

tribunals constituted under different enactments are administered by different administrative

departments of the 0entral and the State -overnments. The problem is compounded by the fact

that some tribunals have been created pursuant to the 0entral legislations and some others have

 been created by State legislations.;

=ven very recently6 the Supreme 0ourt has expressed its concerns over the :bureaucratic attitude;in the functioning of several tribunals opining that it was very unfortunate that the court had to

interfere for the provision of infrastructure and manpower. Thus6 there are a lot of issues

surrounding tribunalisation which need to be addressed. These issues are the the hapha9ard

growth of tribunals constituted by the 0entral and the State governments6 inefficient functioning

of the tribunals6 and the lack of a uniform procedure in adjudicating disputes.

Gith regard to these issues6 it is recommene that

• first6 the Ministry of "aw and +ustice should prepare a list of tribunals which are currently

functioning6 along with the legislations they are governed under and the places they are

located in. This would spread awareness and would help any person in the country know

which tribunal he has to approach in case of a dispute6 especially because tribunals would

act as courts of first instance in respect of the areas of the law for which they have been

constituted.

• Second6 there should be a body which supervises the functioning of tribunals. It was

recommended in 0handra ,umar that the Ministry of "aw and +ustice should appoint anindependent supervisory body to oversee the working of the tribunals and also6 in the

$nited ,ingdom6 the Tribunals Act provides for the establishment of the Administrative

+ustice and Tribunals 0ouncil whose functions are to keep the administrative justice

*) I.2. Massey6 "Administrative )aw’ 6 &B( >%DDB1.

&4

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system under review and to consider ways to make the system accessible6 fair and

efficient.*

As tribunals do not have to follow any uniform procedures but only follow the principles of 

natural justice6 it poses a problem as courts have not laid down even the basic guidelines of natural justice which is applicable to the tribunals. To add to this problem6 case law pertaining to

natural justice is not consistent and the person affected and the adjudicators are unable to have a

clear understanding of the procedures which have to be followed.

Elexibility may be justifiable to a certain extent as tribunals should have the freedom to decide

the procedures in accordance to the needs of the specific body but this has resulted in a

multiplicity of procedures followed by the tribunals and the law regarding procedures is

unpredictable. &74B1.

&)

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would greatly help in reducing the unfortunate effects of 0handra ,umar. The problem of 

administrative3technical members6 wherein most of these members are appointed by the

=xecutive and that many tribunals consist of members from the =xecutive6 may be resolved by

following a system which similar to the one provided for by the Tribunals Act of the $nited

,ingdom. The issues surrounding tribunalisation may be addressed by providing for a list of the

tribunals across the country6 setting up of a body which supervises the working of tribunals and

enacting a legislation which deals with a simple procedure which embodies the principles of 

natural justice.

Thus6 as tribunals have :come to stay;6*7 and the basic premise of the establishment of tribunals is

sound6 resolving the current issues will help in improving the tribunal system in India6 and

hopefully6 will make the process of litigation easier for those who wish to approach the tribunals.

Bi0lio5ra-hy

1rimary ources

Books

•

M.2. +ain and S.#. +ain6 : principles of administrative law’ 6ol. I6 &* >)thedn.6 %DD1.• .. 5asu6 :commentary on constitution of India’ 6 ol. 76 44(D >Bthedn.6 %D&&1.

• M.2. +ain6 Indian 0onstitution "aw6 ol. I6 %7( >4thedn.6 %DD*1

• S.2. Sathe6 : Administrative law’ 6 %7 >th edn.6 %D&%1.

• I.2. Massey6 "Administrative )aw’ 6 &B( >%DDB1.

• &Dthedn.6 %DD71.

• -ranville Austin6 :'he Indian Constitution( Corner stone of a nation’   6 &48&)

>7thedn.6 %DD41.

tatutes an Bare Acts

• Arts.*%*A and *%*56 The 0onstitution of India6 &74D

• (%nd Amendment Act6 &7)

*7 %&4th !eport of the "aw 0ommission of India6 supra note *46 at )B6 available at

http/33lawcommissionofindia.nic.in3&84D3!eport&(ol&.pdf .

&

http://lawcommissionofindia.nic.in/1-50/Report14Vol1.pdfhttp://lawcommissionofindia.nic.in/1-50/Report14Vol1.pdf

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• %&4th !eport of the "aw 0ommission of India6 ". 0handra ,umar visited by "arger

5ench of Supreme 0ourt6 4 >%DDB16 available at

http/33lawcommissionofindia.nic.in3reports3report%&4.pdf .

• &(th !eport of the "aw 0ommission of India6 !eforms of the +udicial Administration

>&74B1.

• Schedule 2art &6 Tribunals6 0ourts and =nforcement Act6 %DD

• Secs.&6 4D and 4&6 Tribunals6 0ourts and =nforcement Act6 %DD

econary ources

Articles

• :octrine of +udicial !eview and Tribunals/ Speedbreakers Ahead;6 . #ageswara !ao

and -.5. !eddy6 *7 journal of India law  Institute (&B >&771.• Arun !oy and ishnu +erome6 Administrative Tribunals in India/ A welcome departure

from orthodoxyF :tudent Bar !eview’ 6)*8)( >%DDD1.

• +ustice !uma 2al6 An Independent +udiciary6 4th .M. Tarkunde Memorial "ecture6 #ew

elhi >#ovember &D6 %D&&16 available at http/33www.theradicalhumanist.com3index.phpF

optionHcomradicalJcontrollerHarticleJcidH(*&JItemidH4) 

=e0sites

• http/33www.archive.india.gov.in3knowindia3profile.phpFidH*) 

• http/33cgat.gov.in3act.htm 

• https/33www.academia.edu3()&(*%3AMI#IST!ATI=T!I5$#A"SEI#IAA

 Studyinthelightofdecidedcases 

• http/33www.ebc8india.com3lawyer3articles37%v(a(.htm 

• http/33admis.hp.nic.in3himpol30iti9en3"aw"ib30*.htm 

>all sites have been accessed before %th march6 %D&)1

 

&B

http://lawcommissionofindia.nic.in/reports/report215.pdfhttp://www.theradicalhumanist.com/index.php?option=com_radical&controller=article&cid=431&Itemid=56http://www.theradicalhumanist.com/index.php?option=com_radical&controller=article&cid=431&Itemid=56http://www.archive.india.gov.in/knowindia/profile.php?id=36http://cgat.gov.in/act.htmhttp://cgat.gov.in/act.htmhttps://www.academia.edu/4614327/ADMINISTRATIVE_TRIBUNALS_OF_INDIA_A_Study_in_the_light_of_decided_caseshttps://www.academia.edu/4614327/ADMINISTRATIVE_TRIBUNALS_OF_INDIA_A_Study_in_the_light_of_decided_caseshttp://www.ebc-india.com/lawyer/articles/92v4a4.htmhttp://admis.hp.nic.in/himpol/Citizen/LawLib/C37.htmhttp://lawcommissionofindia.nic.in/reports/report215.pdfhttp://www.theradicalhumanist.com/index.php?option=com_radical&controller=article&cid=431&Itemid=56http://www.theradicalhumanist.com/index.php?option=com_radical&controller=article&cid=431&Itemid=56http://www.archive.india.gov.in/knowindia/profile.php?id=36http://cgat.gov.in/act.htmhttps://www.academia.edu/4614327/ADMINISTRATIVE_TRIBUNALS_OF_INDIA_A_Study_in_the_light_of_decided_caseshttps://www.academia.edu/4614327/ADMINISTRATIVE_TRIBUNALS_OF_INDIA_A_Study_in_the_light_of_decided_caseshttp://www.ebc-india.com/lawyer/articles/92v4a4.htmhttp://admis.hp.nic.in/himpol/Citizen/LawLib/C37.htm