Administrative Tribunals: speedy justice for service disputes, outside the ordinary courts

Article 323A allows Parliament to establish administrative tribunals for adjudication of disputes relating to recruitment and conditions of service of public servants. The Administrative Tribunals Act, 1985 gave effect to that provision and established the Central Administrative Tribunal, or CAT, in 1985, together with state administrative tribunals where states so decide. The CAT deals with service matters of central government employees and of employees of bodies notified by the government.

Tribunals are designed to be faster and more specialised than ordinary courts. They are not bound by the strict rules of evidence in the Indian Evidence Act, but must follow principles of natural justice. They may be headed by a judicial member and include administrative members with experience in public administration. Appeals from the CAT lie to the concerned High Court, and from there to the Supreme Court, following the Supreme Court's decision in L. Chandra Kumar v. Union of India in 1997, which held that tribunal decisions are subject to judicial review by High Courts under Articles 226 and 227.

The tribunal model has spread beyond service matters. Article 323B allows tribunals for tax, foreign exchange, industrial and labour disputes, land reforms, elections and other specified matters, and Parliament and state legislatures have created tribunals in several of these areas. The National Green Tribunal, the Income Tax Appellate Tribunal and consumer commissions are examples of specialised forums, although they rest on different constitutional and statutory bases.

Tribunals raise a recurring question about independence. A forum that is speedy but dependent on the executive for appointments, tenure and infrastructure may not inspire confidence, especially when the government is a party to the dispute. The Supreme Court has therefore emphasised that tribunals must have judicial independence, including security of tenure and conditions for members. Speed without independence is not a substitute for justice.