INTRODUCTION
Administrative
or tax-related disputes are solved by tribunal which is known as Quasi-judicial.
It performs a number of functions like adjudicating disputes, determining rights
between contesting parties, making an administrative decision, reviewing an
existing administrative decisions and so forth. Tribunals are
organized as a part of civil and criminal court system under the supremacy of
the Supreme Court of India.
Administrative Tribunals Act, 1985
The Tribunal Courts were introduced in the Indian Constitution by 42nd amendment act, 1976. With a view for easing the congestion of pending cases in various High Courts and other Courts in the country, Parliament enacted the Administrative Tribunals Act, 1985 which came into force in July 1985. Central Administrative Tribunals were established in November 1985 at Delhi, Mumbai, Calcutta and Allahabad.
As of now, there are 17 Benches of the Tribunal located throughout the country with 33 Division Benches.
Categories of
Administrative Tribunals:
Following are the two articles which have been introduced through this act -
Article 323A: It deals with Central Administrative Tribunals which contemplates the establishment of tribunals for Public Service Matters. It adjudicates the disputes and complaints related to the recruitment and conditions of service of Government servants under the Central Government and the State Government or of a corporation owned or controlled by the Government.
Article 323B: It deals with tribunals for other matters like Taxation, Foreign exchange, import, and export, Industrial and labor, Land reforms, Ceiling on urban property, Elections to Parliament and state legislatures, Food stuff, etc.
Characteristics and features of Tribunal courts:
Ø An Administrative Tribunal is an agency created by the statute and invested with judicial power.
Ø Tribunal is also known as the Quasi-judicial body. Tribunals deal with special cases which are governed
by statutes.
Ø
Executive/ government Decide the tenure, term of the of the
tribunals.
Ø Administrative Tribunal is not bound
to follow rules and procedures they are bound with natural justice.
Ø An tribunal is bound to act judicially in every
circumstance.
Ø Administrative
tribunals are independent and not subject to any administrative interference in
the discharge of judicial functions but are bound to act judicially in every circumstance.
Types of Tribunals in India
Some of the most important tribunals in India are:
a. Central Administrative Tribunal (CAT): It deals with the 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.
b. Armed Forces Tribunal (AFT):
It is a military tribunal in India. It was established
under the Armed Forces Tribunal Act, 2007 which
provided the power for trial by AFT of disputes and complaints with respect to
commission, appointments, enrolments and conditions of service in respect of persons
subject to the Army Act, 1950, The Navy Act, 1957 and the Air Force Act, 1950.
c.
National Green Tribunal
(NGT): The NGT was established in 2010 under the National Green Tribunal
Act 2010 as a statutory body replacing National
Environment Tribunal Act, 1995 and National Environment
Appellate Authority Act, 1997 which was found to be
inadequate due to improper executions. NGT was formed as a special
fast-track, quasi-judicial body comprising of judges and environment experts to
ensure expeditious disposal of cases.
d. Income Tax Appellate Tribunal (ITAT): According to Section 252 of the Income Tax Act, 1961, it is provided that the Central Government shall constitute an Appellate Tribunal consisting of many Judicial Members and Accountant members as it thinks fit to exercise the powers and functions conferred on the Tribunal by the Act.
e. State Administrative Tribunal (SAT): Article 323 B empowers the state legislatures to set up tribunals for various matters like levy, assessment, collection and enforcement of any of the tax matters connected with land reforms covered by Article 31A.
f. Water Disputes Tribunal: The Parliament has enacted Inter-State River Water Disputes (ISRWD) Act, 1956 to resolve any disputes relating to waters of inter-State rivers and river valleys thereof.
g. Railway Claims Tribunal (RCT): According to the Railway Claims Tribunal Act, 1987 it was established to resolve any disputes arising in the Indian railway and for claiming against the railway administration for any loss, or non-delivery of goods or for compensation for death or injury to passengers occurring as a result of railway accidents, etc.
CONCLUSION
It can be concluded that in the present scenario, the administration has become an important part of the government as well as the citizen’s life. Due to the high demand for administrative tribunal becomes essential to establish a remedy for people’s grievances. Therefore, the concept of administrative tribunals has taken place in India and its demand is increasing and holding its strength
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