Arbitration in india is gaining importance given the overstressed judicial system with the huge pendency of caseswith a lot of commercial disputes, it’s necessary to have a proper arbitration mechanism in place for faster resolution of issues. Administrative tribunals exist not only in india but central administrative tribunal : an introduction gitanjali bastia abstract the administrative tribunals are expected to play an important role in the redressal of citizens' grievances tribunals are supposed to serve as alternative institutional mechanism to high courts. Administrative tribunals are specialised governmental agencies established under federal or provincial legislation to implement legislative policy some public boards and public decision makers. The act has made provisions for the central administrative tribunal for the centre and a state administrative tribunal for a particular state in addition, the act also provides for the establishment of joint administrative tribunals to hear cases from more than one state.
Tribunal administration definition administrative tribunals are bodies established under a statute (act of parliament), outside the ordinary court system, to hear and settle disputes between government agencies and individuals or citizens, employers and employees, landlords and tenants, buyers and sellers or between other individuals - peter j. The largest tribunal in australia is the victorian civil and administrative tribunal its name recognises the dual nature of its function it reviews certain victorian administrative decisions, but also deals with conventional legal disputes when it is empowered to do so. The docket explosion the courts in india are facing is a matter of great concern administrative tribunals can be seen as the means to achieve the end, that is the expeditious disposal of cases.
The administrative reforms commission (1966-70) recommended the setting up of civil service tribunals in india to function as final appellate authorities in respect of orders inflicting the major punishments of dismissal, removal from service and reduction in rank. The judiciary of india is an independent legal system in the country that bases itself on the english common law also, the indian judiciary has a strong resemblance with the judicial systems of. The experience of india during the past two decades and more has demonstrated that administrative tribunals have an effective role to play in a country which has embarked upon a programme of rapid socioeconomic change.
The major role and responsibility of a tribunal is to adjudicate the type of cases for which they are constituted, to provide grant and relief and a tribunal can also impose penalty for non-compliance by the parties of its orders. Tribunalization in india is done in order to implement administrative law in india tribunal is: a body of administrative character powered with judicial powers to adjudicate on question of law or fact that affects rights of citizens. The commission in it’s 14th report (volume 2), points out that the french system of administrative law need not be imported to india and judicial review obtaining under india's constitutional system provides adequate avenues of redress to an individual affected by state action.
Ideally the kompetenz-kompetenz rule read with minimal judicial control as envisaged in sections 5 and 8 of the act would mean that jurisdictional issues including those of validity of the arbitration agreement should be decided by the arbitral tribunal. 3) joint administrative tribunal: administrative tribunal setup for two or more states all these tribunals are setup and appointments are made by the president the chairman is appointed by the president on advice of the chief justice of india and has to be a judge of a high court or should have acted as a two years vice-chairman of the. National green tribunal was established in 2010 under article 21 of the indian constitution which guarantees the citizen of india the right to healthy environment.
Administrative tribunal and joint administrative tribunals in addition to con- sultation by the president with the chief justice of india in the case of appoint- ment of chairman and every other member of the central administrative tribu. A tribunal is an adjudicating body which decides controversies between the parties and exercise judicial powers as distinguished from purely administrative functions and thus possess some of the trappings of a court, but not all. Also, it is alleged that the tribunals lack independence and are no better than the administrative arm of the ministries he said the tribunals are here to stay as they play an important role in. Various types of administrative tribunals are set up in the country to address various issues the administrative tribunals are expected to play an important role in the redressal of citizens' grievances the adjudication of disputes and complaints of the public servants redressal of consumer disputes.
Union of india the bench held that administrative tribunals can be equated with high courts as regards to its jurisdiction in service matters but not in case of service conditions of the members of the tribunal in r k jain v. Day – 26: insights self study guide for prelims + mains – 2015 01 july 2015 following questions are based on this timetable archives 1) discuss the issue of “tribunalisation” of courts in india.
However, tribunals in india (then british india) had begun with the setting up of the income tax appellate tribunal (itat) in 1941 which was followed by creation of sales tax tribunals in several. By pritesh samuel in june, the ministry of corporate affairs (mca) amended the companies act of 2013, introducing the national company law tribunal (nclt) and national company law appellate tribunal (nclat), and replacing the company law board (clb) after 14 years of deliberations. Central administrative tribunal: article 323 a added in the constitution of india in 1985 provides for the setting up of administrative tribunal for adjudicating the disputes relating to service matters of persons employed to public services and posts in the central government and the states in pursuance of the above amendment the.