With regard to Tribunals, consider the following statements:
- Tribunals for Public Service matters can be established by Parliament only.
- The Chairman and members of the State Administrative Tribunals are appointed by the Governor.
Which of the statements given above is/are correct?
Important Points to Remember in Chapter -1 - Part XIV-A Tribunals from Cengage Experts Team Indian Polity For UPSC And State Civil Services Examinations Solutions
Tribunals
1. Tribunals are quasi-judicial institution specialized in a certain domain.
2. Tribunals are created for:
i. Reducing the burden on the judiciary
ii. To adjudicate specific cases that requires certain level of independence and autonomy
iii. For bringing in expertise that a normal judge may not have.
iv. To let technically qualified people to judge a specific area rather than a generalist judge
3. While 323A deals with administrative tribunals, 323B deals with other types of tribunals like National Green Tribunal (NGT), Competition Appellate Tribunal (COMPAT), Securities Appellate Tribunal (SAT), etc.
4. A tribunal under Article 323A can be created only by the Parliament. Under Article 323B it can be established by both the Parliament and the State Legislature.
5. However, all tribunals are statutory or constitutional bodies. They should have the backing of a law or the constitution.
6. Tribunals do not follow the Code of Criminal or Civil Procedure. They adhere to the principles of natural justice.
7. It makes these tribunals more flexible than the rigid, regular courts.
8. Tribunals are also more accessible to the layman as the procedure and the language are simple and easy to understand.
9. The common example of a tribunal is the Central Administrative Tribunal which has jurisdiction to deal with service matters pertaining to the Central Government employees or of any Union Territory, or local or other government under the control of the Government of India, or of a corporation owned or controlled by the Central Government.
10. Armed Forces Tribunal is a military tribunal in India. It was established under the Armed Forces Tribunal Act, 2007.
11. The National Green Tribunal was established in 2010 under the National Green Tribunal Act 2010.
12. In the Chandra Kumar case (1997), the Supreme Court had held that appeals against the orders of a tribunal could be made in the High Court. This increases the burden on the already clogged judicial system.
