Administrative Tribunal and its Characteristics

1. The Constitution (42nd Amendment) Act, 1976 made a provision for Article 323A and 323B authorizing the Parliament to constitute Administrative Tribunals for settlement of disputes and adjudicating matters.
2. Every tribunal derives its existence by the Legislations and not by the Government.
3. Under Article 136 of the Constitution of India, the Supreme Court is empowered to grant special leave to appeal from any judgment of tribunal.
4. Under Article 227 of the Constitution of India, the High Court is empowered to exercise the power of superintendence over all tribunals in the State.
5. In the case of Bharat Bank Ltd. V/s. Employees [AIR 1950 SC 188], the Supreme Court specifically held that, although these tribunals share many of the trappings (or attributes) of a court of law and although they perform quasi-judicial functions, they are not full-fledged courts.
6. Examples of Authorities which are held to be Tribunals in India
   1. Industrial Tribunal
   2. Income Tax Tribunal
   3. Rent Control Authority
   4. Central Administrative Tribunal (CAT)
7. Examples of Authorities which are not held to be Tribunals in India
   1. Conciliation Officer
   2. Private Arbitrator
   3. Zonal Manager
   4. Customs Officer
8. Characteristics of Tribunal
   1. Every tribunal comes into existence by the Act of Parliament.
   2. Every tribunal functions independently and is free from administrative interference.
   3. Every tribunal discharge the quasi-judicial functions and such functions are different from the administrative or executive functions.
   4. Every decision given by the Tribunal is judicial decision rather than administrative decision.
   5. Every tribunal takes only practical and functional approach rather than theoretical and legalistic approach because the tribunal is not required to follow the strict rules of evidence and procedures.
   6. Every tribunal is conferred with the discretionary powers.
   7. The Writ of Certiorari and Prohibition are available as a judicial remedy or legal remedy against the Judgement or Decision of the Tribunal.

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