Administrative Law Project

On

Administrative Tribunals and Finality of Decisions: A Critical Analysis

Submitted to:

Dr. Kaumudhi Challa

Faculty of Administrative Law

Submitted by:

Akhil Gangesh
Roll no. 14

Semester VI, Section C

B.A. LLB (Hons.)

Submitted on:
February 15, 2016

HIDAYATULLAH NATIONAL LAW UNIVERSITY

Uparwara Post, Abhanpur, New Raipur (C.G.) – 492002

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Declaration of Originality
I,Akhil Gangesh , have undergone research of the project work titled “Administrative Tribunals
and Finality of Decisions: A Critical Analysis”, as a student of Administrative Law. I hereby
declare that this Research Project has been prepared by the student for academic purpose only,
and is the outcome of the investigation done by me and also prepared by myself under the
supervision of Dr. Kaumudhi Challa, Faculty of Administrative Law, Hidayatullah National Law
University, Raipur. The views expressed in the report are personal to the student and do not
reflect the views of any authority or any other person, and do not bind the statute in any manner.
I also declare that this Research Paper or any part, thereof has not been or is not being submitted
elsewhere for the award of any degree or Diploma. This report is the intellectual property of the
on the part of student research work, and the same or any part thereof may not be used in any
manner whatsoever in writing.

Akhil Gangesh
Roll. No. 14
Semester VI, Section C
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Certificate of Originality
This is to certify that Mr. Akhil Gangesh, Roll Number 14, student of Semester VI, Section C of
B.A.LL.B.(Hons.), Hidayatullah National Law University, New Raipur (Chhattisgarh) has
undergone research of the project work titled “Administrative Tribunals and Finality of
Decisions: A Critical Analysis”, in partial fulfillment of the subject of Administrative Law. His
performance in research work is up to the level.

Place: New Raipur ………………………… ……………………………

Date: 15.02.2016 Dr.Kaumudhi Challa.

(Faculty- Administrative Law)

Hidayatullah National Law University, New Raipur, Chhattisgarh

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Acknowledgement
I feel highly elated to work on the project “Administrative Tribunals and Finality of
Decisions: A Critical Analysis”. The practical realisation of the project has obligated the
assistance of many persons. Firstly I express my deepest gratitude towards Dr. Kaumudhi Challa,
Faculty of Administrative Law, to provide me with the opportunity to work on this project. Her
able guidance and supervision in terms of her lectures were of extreme help in understanding and
carrying out the nuances of this project.

I would also like to thank The University and the Vice Chancellor for providing extensive
database resources in the library and for the internet facilities provided by the University.

Some typography or printing errors might have crept in, which are deeply regretted. I would be
grateful to receive comments and suggestions to further improve this project.

Akhil Gangesh
Roll. No. 14
Semester VI, Section C
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Table of Cases
Indian Judgments:

 J&K Iron and Steel Co. v. Mazdoor Union AIR 1956 SC 231
 State of U.P. v. Md. Nooh AIR 1958 SC 86
 Dhakeshwari Mills AIR 1955 SC154
 Union of India v. T.R. Verma AIR 1957 SC 882 at 885
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List of Abbreviations
1. & And
2. Ed. Edition
3. Ltd. Limited
4. No. Number
5. Sec. Section
6. V. Versus
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Table of Contents
1. Declaration i
2. Certificate of Originality ii
3. Acknowledgement iii
4. Table of Cases iv
5. List of Abbreviations v
6. Introduction 1
7. Research Methodology 3
7.1. Problem of the Study 3
7.2. Rationale 3
7.3. Hypothesis 3
7.4. Objectives 4
7.5. Review of Literature 4
7.6. Nature of Study 5
7.7. Limitations 5
7.8. Chapterization 5
8. Reasons for Existence 6
9. Evolution of tribunal system in India,
Classification and Evaluation 7
10. Types of administrative tribunal 9
11. Advantages and disadvantages 11
12. Status and working of tribunal 13
13. Tribunal and natural justice 14
14. Finality of decisions 15
15. Conclusion 17
16. Bibliography 18
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Chapter I: Introduction
Welfare nature of government is the evolutionary goal of probably every kind of government
these days in this contemporary world. There has been a phenomenal increase in the functions of
the government, which has lent enormous powers to the executive and also led to increase in the
legislative output. This has led to more litigation, restrictions on the freedom of the individuals
and constant frictions between them and the authority. The development of welfarism led to an
increase in governmental functions and the executive saw in this a need to perform a number of
quasi- legislative and quasi- judicial functions, thus blurring the traditional positions of the
various wings of the government under the doctrine of separation of powers, under which the
powers of the government were divided between the legislature, executive and the judiciary
which were to be entrusted with the power of making law, executing it and interpreting the law
respectively.
But now these welfare states changed radically and involve itself in the hosting of wide socio-
economic activities; for example: providing health services, education , industrial regulation and
other allied welfare measures. Now where there is these kind of activities; disputes are certain
and obvious. The issues which arose from disputes on such matters raised not only legal matters
but also matters which affect the society at large. The constitution and function of our court
system is very traditional as well as inefficient. The inherent procedural limitations made it
difficult for the courts to dispose these cases promptly thus leading to a huge backlog of cases in
all levels of the judiciary. Courts therefore became deluged with litigations arising directly and
incidentally from such increased governmental interventions. It was also felt in many quarters
that the members of the judiciary were neither adequately trained nor equipped to deal with the
complex socio-economic and technical matters at hand. Thus it was felt specialised adjudicatory
bodies such as tribunals needed to be created to resolve such disputes fairly and effectively.

Tribunals are a “Judgment seat; a court of justice; board or committee appointed to adjudicate on
claims of a particular kind”1. The essence of the meaning of the word tribunal which can be
culled out from the various Supreme Court authorities is that they are adjudicatory bodies
(except ordinary courts of law) constituted by the State and invested with judicial and quasi-
judicial functions as distinguished from administrative or executive functions. Administrative
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tribunals have emerged not only in India but also in many other countries with the objective of
providing a new type of justice - public good oriented justice. These tribunals manned by
technical experts, with flexibility in operations, informality in procedures have gained
importance in the adjudication process.
According to Servai, the development of administrative law in a welfare state has made
„administrative tribunals a necessity'.3 Administrative tribunals are authorities outside the
ordinary court system, which interpret and apply the laws when acts of public administration are
questioned in formal suits by the courts or by other established methods. They are not a court nor
are they an executive body. Rather they are a mixture of both. They are judicial in the sense that
the tribunals have to decide facts and apply them impartially, without considering executive
policy. They are administrative because the reasons for preferring them to the ordinary courts of
law are administrative reasons. The Supreme Court in Jaswant Sugar Mills v.Lakshmi Chand4
laid down the following characteristics or tests to determine whether an authority is a tribunal or
not:

1. Power of adjudication must be derived from a statute or statutory rule.

2. It must possess the trappings of a court and thereby be vested with the power to summon
witnesses, administer oath, compel production of evidence, etc.
3. Tribunals are not bound by strict rules of evidence.
4. They are to exercise their functions objectively and judicially and to apply the law and
resolve disputes independently of executive policy.
Tribunals are supposed to be independent and immune from any administrative
interference in the discharge of their judicial functions.

Research Methodology
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Problem of the Study

Today over and above ministerial functions, the executive performs many quasi-legislative and
quasi-judicial function also. Governmental functions have increased and even though according
to traditional theory the function of adjudication of disputes is the exclusive jurisdiction of the
ordinary courts of law, in realty, many judicial functions have come to performed by the
executive e.g. imposition of fine, levy of penalty, confiscation of goods, etc. now the tribunals
not only exercises sovereign function but as a progressive democratic state, it also seeks to
ensure social security and social welfare for the common masses. It regulates industrial relations,
exercise control over production, initiates enterprises. The issues arising therefrom are not purely
legal issues. It is not possible for the ordinary court of law to deal with all these socio economic
problems.

Rationale
For example, industrial disputes between the workers and the management must be settled as
early as possible. It is not only in the interest of the parties to dispute, but also of the society at
large. It is therefore not possible for an ordinary court of law to decide these expeditiously as it
has to function, restrained by certain innate limitations. Administrative tribunals are therefore,
established to decide various quasi judicial issues in place of ordinary courts of law.

Hypothesis

Although administrative tribunal enjoys certain powers which is given by the statutes, but the
finality of the decisions is still the matter of discussion. The Indian court in various cases has
been declared that although administrative tribunal enjoys decision giving power but its not that
it is final.

Objectives
The objectives of this project are:

 To discuss about the Administrative tribunals

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 To discuss about its evolution, status and types.

 To discuss the finality of decisions of administrative tribunals.

Review of Literature
1. C.K.Takwani, Lectures on Administrative Law, (ed.5, Eastern Book Company, Lucknow)
(2012):
This text book in Administrative Law deals in all aspects relating to Administrative Law.
Chapter 7 of the book comprises of finality of decisions of administrative law in India.

2. Peter Cane. Administrative Law, (ed.4, Oxford University Press):

This text book in administrative law deals with the meaning nature and scope of the
administrative triubunals.

Nature of Study
The nature of the study in this project is doctrinal and is primarily descriptive and analytical.
This project is largely based on primary sources of data such as cases and reports of committees,
however secondary & electronic sources of data have been referred to a great extent. Books, case
laws, journals & other reference as guided by faculty of Administrative Law are primarily used
for the completion of this project.

Limitations of the Study

Due to paucity of time and resources the author has dealt in brief the role of administrative
tribunals and its decision making power in brief. A detailed account though desirable is not done
because of time constraints. Various cases have been taken into account showing the approach of
judiciary towards this control mechanism but not each and every case is analyzed in their
entirety.

Chapterisation
This project has been divided into 5 chapters. Chapter 1 comprises of Introduction and Research
Methodology of the project. Chapter 2 includes reasons for existence of administrative tribunals
in India. Chapter 3 of the project deals with the evolution, classification and evaluation of
administrative tribunals. Chapter 4 comprises of the types of administrative tribunals acting in
India whereas Chapter 5 tries to show the advantages and disadvantages of the existence of
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administrative tribunals. Chapter 6 and 7 deals with the status and working of administrative
tribunals in India and the clause of natural justice respectively . chapter 8 comprises of matter of
finality of decisions of administrative tribunals. At last Chapter 9 concludes this project along
with references.
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Chapter II: Reasons for Existence

Administrative tribunals have been established by statue, in the main, to resolve:

 Dispute between a private citizen and a central government department, such as claims
to social security benefits;
 Disputes which require the application of specialised knowledge or expertise, such as the
assessment of compensation following the compulsory purchase of land; and
 Other disputes which by their nature or quantity are considered unsuitable for the
ordinary courts, such as fixing a fair rent for premises or immigration appeals.

The main reasons for the creation of administrative tribunals may be identified as:

 The relief of congestion in the ordinary courts of law (the courts could not cope with the
case-load that is now borne by social security tribunals, employment tribunals and the
like);
 The provisions of a speedier and cheaper procedure than that afforded by the ordinary
courts(tribunals avoid the formality of the ordinary courts); and
 The desire to have specific issues dealt with by persons with an intimate knowledge and
experience of the problems involved (which a court with a wide general jurisdiction
might not acquire).1

Chapter III: Evolution of tribunal system

in India, Classification and Evalution
1 Administrative Tribunals at http://www.lawteacher.net/english-legal-system/lecture-notes/admin-tribunals.php (last
seen 24/02/14)
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Evalution of tribunal system in India

In India, administrative adjudication increased after independence and several welfare laws were
promulgated which vested the power on deciding various issues in the hands of the
administration. The modern Indian Republic was born a Welfare State and thus the burden on the
government to provide a host of welfare services to the people was immense. These quasi-
judicial powers acquired by the administration led to a huge number of cases with respect to the
manner in which these administrative bodies arrived at their decisions. The Courts held that these
bodies must maintain procedural safeguards while arriving at their decisions and observe
principles of natural justice-their opinions were substantiated by the14th Law Commission
Report.2

In order to avoid clogging the judicial machinery with cases which would have arisen by the
operation of these new socio-economic legislations, a number of tribunals were established by
the government. The tribunals were established with the object of providing a speedy, cheap and
decentralised determination of disputes arising out of the various welfare legislations.3

Another important reason for the new development is that law courts, on account of their
elaborate procedures, legalistic fronts and attitudes can hardly render justice to the parties
concerned, in technical cases. Ordinary judges, brought up in the traditions of law and
jurisprudence, are not capable enough to understand technical problems, which crop up in the
wake of modem complex economic and social processes. Only administrators having expert
knowledge can tackle such problems judiciously. To meet this requirement, a number of
administrative tribunals have come into existence.

Classification of Tribunals

A list of tribunals under the supervision of the Council on Tribunals is published annually in the
council's report. In the report for 1995-6, this list included: agricultural land tribunals, child

2 Nayak,R.,Administrative justice In India, 38 (1989)

3 Jain,M.P., Principles of Administrative Law, 246, (1996)
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support appeal tribunals, the Civil Aviation Authority and the Director General of Fair Trading in
their licensing functions, criminal injuries adjudicators, the Data Protection Registrar, education
appeal committees, immigration adjudicators and the Immigration Appeal tribunal, industrial
tribunals (renamed employment tribunals), the two Lands Tribunals, mental health review
tribunals, the Comptroller-General of Patents, war pensions appeal tribunals, rent assessment
committees, social security appeal tribunals and the Social Security Commissioners, disability
and medical appeal tribunals, the general and special commissioners of income tax, traffic
commissioners, valuation and community charge tribunals, and VAT tribunals.

Evaluation of Tribunals

Administrative Tribunal do a useful job in taking some types of work away from the courts and
dealing with specialised matters, less valuable claims and matters involving the exercise of
discretion.4:It has been estimated that they deal with over one million cases a year. 5 Problems
remain over lack of standard rights, like the right of appeal, and procedures. In many instances
they make important decisions affecting people's livelihoods and quality of life. The Council on
Tribunals has begun to investigate the use of precedent, the establishment of a standard
complaints procedure. Training for tribunal members is provided in association with the
Tribunals Committee of the Judicial Studies Board. The Council on Tribunals has proposed
setting up a Tribunals Association as a representative body for all tribunals. Its influence is
hampered through lack of funds and having part time members. Some tribunals, for example the
Lands Tribunal, have a backlog as large as the ordinary courts.6

Chapter IV: Types of Administrative

Tribunals

4 Blakemore and B. Greene, Law for Legal Executives,95, (1996)

5 Partington, Martin, ‘The Future of Tribunals’, Legal Action, 9, (1993)
6 Administrative Tribunals at http://www.lawteacher.net/english-legal-system/lecture-notes/admin-tribunals.php (last
seen 24/02/14)
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There are different types of administrative tribunals, which are governed by the statues, rules,
and regulations of the Central Government as well as State Governments.

Central Administrative Tribunal (CAT)

The enactment of Administrative Tribunals Act in, 1985 opened a new chapter in administering
justice to the aggrieved government servants. It owes its origin to Article 323A of the
Constitution which empowers the Central Government to set up by an Act of Parliament, the
Administrative Tribunals for adjudication of disputes and complains with respective recruitment
and conditions of service of persons appointed to the public services and posts in connection
with the Union and the States. The Tribunals enjoy the powers of the High Court in respect of
service matters of the employees covered by the Act. They are not bound by the technicalities of
the Code of Civil Procedure, but have to abide by the Principles of Natural Justice. They are
distinguished from the ordinary courts with regard to their jurisdiction and procedures. This
makes them free from the shackles of the ordinary courts and enables them to provide speedy
and inexpensive justice. The Act provides for the establishment of Central Administrative
Tribunal and State Administrative Tribunals. The CAT was established in 1985. The Tribunal
consists of a Chairman, Vice-Chairman and Members. These Members are drawn from the
judicial as well as the administrative streams. The appeal against the decisions of the CAT lies
with the Supreme Court of India.

Customs and Excise Revenue Appellate Tribunal (CERAT)

The Parliament passed the CERAT Act in 1986 The Tribunal adjudicates disputes, Complaints or
offences with regard to customs and excise revenue. Appeals from the, orders of the CERAT lies
with the Supreme Court

Election Commission (EC)

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The Election Commission is a tribunal for adjudication of matters pertaining to the allotment of
election symbols to parties and similar other problems. The decision of the commission can be
challenged in the Supreme Court.

Foreign Exchange Regulation Appellate Board (FERAB)

The Board has been set up under the Foreign Exchange Regulation Act, 1973. A person who is
aggrieved by an order of adjudication for causing breach or committing offences under the Act
can file an appeal before the FERAB.

Income Tax Appellate Tribunal

This tribunal has been constituted under the Income Tax Act, 196 1. The Tribunal has its benches
in various cities and appeals can be filed before it by aggrieved persons against the order passed
by the Deputy Commissioner or Commissioner or Chief Commissioner or Director of income
tax. An appeal against the order of the Tribunal to the High Court. An appeal also lies to the
Supreme Court if the High Court deems fit.

Industrial Tribunal

This Tribunal has been set up under the Industrial Disputes Act, 1947. It can be constituted by'
both the Central as well as State governments. The Tribunal looks into the dispute between the
employers and the workers in matters relating to wages, the period and mode of payment,
compensation and other allowances, hours of work, gratuity, retrenchment and closure of the
establishment. The appeals against the decision of the Tribunal lie with the Supreme Court.
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Chapter V: Advantages and

Disadvantages of Administrative
Tribunals
Advantages

Administrative adjudication is a dynamic system of administration, which serves, more

adequately than any other method, the varied and complex needs of the modem society. The
main advantages of the administrative tribunals are:

1) Flexibility

Administrative adjudication has brought about flexibility and adaptability in the judicial as well
as administrative tribunals. For instance, the courts of law exhibit a good deal of conservatism
and inelasticity of outlook and approach. The justice they administer may become out of
harmony with the rapidly changing social conditions. Administrative adjudication, not restrained
by rigid rules of procedure and canons of evidence, can remain in tune with the varying phases of
social and economic life.

2) Adequate Justice

In the fast changing world of today, administrative tribunals are not only the most appropriated
means of administrative action, but also the most effective means of giving fair justice to the
individuals. Lawyers, who are more concerned about aspects of law, find it difficult to
adequately assess the needs of the modem welfare society and to locate the individuals place in
it.

3) Less Expensive

Administrative justice ensures cheap and quick justice. As against this, procedure in the law
courts is long and cumbersome and litigation is costly. It involves payment of huge court fees,
engagement of lawyers and meeting of other incidental charges. Administrative adjudication, in
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most cases, requires no stamp fees. Its procedures are simple and can be easily understood by a
layman.

4) Relief to Courts

The system also gives the much-needed relief to ordinary courts of law, which are already over
burdened with ordinary suits.

Disadvantages

Even though administrative adjudication is essential and useful in modem day administration, we
should not be blind to the defects from which it suffers or the dangers it poses to a democratic
polity. Some of the main drawbacks are mentioned below.

i. Administrative adjudication is a negation of Rule of Law. Rule of Law ensures equality

before law for everybody and the supremacy of ordinary law and due procedure of law
over governmental arbitrariness. But administrative tribunals, with their separate laws
and procedures often made by themselves, puts a serious limitation upon the celebrated
principles of Rule of Law.
ii. Administrative tribunals have in most cases; no set procedures and sometimes they
violate even the principles of natural justice.
iii. Administrative tribunals often hold summary trials and they do not follow any
precedents. As such it is not possible to predict the course of future decisions.
iv. The civil and criminal courts have a uniform pattern of administering justice and
centuries of experience in the administration of civil and criminal laws have borne
testimony to the advantages of uniform procedure. A uniform code of procedure in
administrative adjudication is not there.

Administrative tribunals are manned by administrators and technical heads who may not have
the background of law or training of judicial work. Some of them may not possess the
independent outlook of a judge.
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Chapter VI: Status and Working of

Tribunals in India
Tribunals are essentially those bodies of the Executive branch of the government who by virtue
of some statutory provision have the power and duty to act judicially in determining disputes
which come before it.7 Tribunals as stated earlier are distinct from the ordinary courts of the land
and as per Chandrakumar’s case they are not on par with the High Court’s but serve a
supplemental function to the High Courts. They are therefore subject to the writ jurisdiction of
the superior judiciary and to the power of judicial review exercisable by the superior judiciary. In
most of the tribunals appeals from their decisions lie in the High Court on substantial questions
of law.

There are different types of tribunals in India, ranging from single member tribunals to multi-
member tribunals. Tribunals such as the Industrial tribunal may consist of one or more members,
and they can be appointed by the appropriate government. The chairman of the tribunal is
supposed to possess judicial qualifications and is supposed to be or have been a judge of the
High Court or a District judge or be qualified for appointment as a High Court judge.

The other members are expected to satisfy the prescribed requirements- which are to ensure that
the members are experts and will be able to speedily and effectively dispose of matters. The
procedure to be followed by the tribunal is prescribed by the Act and rules made there under.
Though the function of the tribunal is to adjudicate on the disputes it has only some of the
trappings of the court. It is not bound by strict rules of procedure and can take decisions by
exercising its discretion. While accepting the fact that such tribunals must work towards
furthering social justice, it has been held in

J&K Iron and Steel Co. v. Mazdoor Union8 that tribunal cannot act beyond the scope of the law.
It can decide the dispute on the basis of the pleadings and has no power to reach a conclusion
without any evidence on record. The tribunal is expected to hold the proceedings in public follow
fair procedure and decide disputes impartially and independently.

7 Chakraverti, S., Administrative Law and Tribunals, (2nd edition)

8 AIR 1956 SC 231
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Chapter VII: Tribunals and Natural

Justice
Administrative tribunals must act openly, fairly and impartially. They must afford a reasonable
opportunity to the parties to represent their case and adduce evidence. Thus, in

State of U.P. v. Md. Nooh9 where the prosecutor was also an adjudicating officer and also in

Dhakeshwari Mills10 where the tribunal did not disclose some evidence to the assesse which was
relied upon, the decisions were set aside. In Union of India v. T.R. Verma11 the Supreme Court
held the following to be part of natural justice:

a) Party must be able to adduce all evidence being relied upon.

b) Evidence must be taken in the presence of both parties.

c) Must be given opportunity to cross- examined.

d) And no material must be relied upon without giving the party opportunity to explain the
evidence.

Tribunals are free to evolve their own method of procedure as long as they conform to the
principles of natural justice as outlined above. Tribunals are also expected to give reasoned
decisions so as to introduce clarity, reduce arbitrariness and reduce the scope of frivolous
appeals. It also provides the supervisory authority the opportunity to keep tribunals within
bounds.

9 AIR 1958 SC 86
10 AIR 1955 SC154
11 AIR 1957 SC 882 at 885
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Chapter VIII: Finality of Decisions

In many statutes, provisions are made for filing appeals or revision against the orders passed by
administrative tribunals and statutory authorities. For example, under the Bombay industrial
relations act 1946, an appeal can be filed before the industrial tribunal against the order passed
by the labour court or to the rent control tribunal against the order passed by the rent controller
under the Delhi Rent Control Act, 1958, or to the income tax tribunal against the order passed by
the Appellate Assistant commissioner, Inspecting assistant commissioner or the commissioner
under the Income Tax Act, 1961.

In these cases well settled legal position is that the jurisdiction of a civil court is not totally
excluded. Even if the order made by the statutory tribunal has been declared final, if there is
abuse of power by the tribunal or the order is dehors the Act, it is open to be questioned in the
court of law.

In firm Seth Radha Kishan vs Municipal Committee, Ludhiyana12 the Supreme Court held that,

“under the section 9 of the code of civil procedure the court shall have jurisdiction to try all suits
of civil nature expecting civil suits of which cognizance is either expressly or impliedly barred. A
statute therefore, expressly or by necessary implication can bar the jurisdiction of civil court in
respect of a particular matter. The mere conferment of special jurisdiction on tribunal in respect
of the said does not in itself exclude the jurisdiction of civil court. The statute may specifically
provide for ousting the jurisdiction of civil courts, even if there was no such specific exclusion, if
it creates liability not existing before and give a special and particular remedy for the aggrieved
party, the remedy provided by it must be followed. The same principle would apply if the statute
has provided for the particular forum in which the remedy could be had. Even in such cases the
civil courts jurisdiction is not ousted. A suit in the civil court is always lie to question the order
of tribunal created by statute, even if its order is, expressly or by necessary implication made
final, if the said tribunal abuses its power or doesnot act under the Act but in violation of its
provisions.”

Suffice is to say that in the class decision of Dhulabhai v State of M.P.13, after discussing the
case law exhaustively, Hidayatullah CJ summarized the following principle in this regard;

1. where the statutes give the finality to the orders of the special tribunals the civil court’s
jurisdiction must be held to be excluded if there is adequate there is adequate remedy to
do what the civil courts would normally do in a suit. Such provision however, does not
exclude those cases where the provisions of the particular Act have not been complied

12 AIR 1963 SC 1547

13 AIR 1969 SC 78:1968 3 SCR 662
 16

with or the statutory tribunal da.s not acted in conformity with the fundamental principles
of judicial procedure.
2. Where there is an express bar of jurisdiction of the court, an examination of the scheme
of the particular Act to find the adequacy or the sufficiency of the remedies provided
may be relevant but is not to sustain the jurisdiction of civil court .
3. Challenge to the provisions of the particular Act as ultra vires cannot be brought before
tribunals constituted under that Act. Even the High Court cannot go into that question on
a revision or reference from the decision of the tribunals.
4. When a provision is already declared unconstitutional or the constitutionality of any
provision is to be challenged, a suit is open. A writ of certiorari may include a direction
for refund if the claim is clearly within the time prescribed by the Limitation Act, but it is
not a compulsory remedy to replace a suit.
5. Where the particular Act contains no machinery for refund of tax collected in excess of
constitutional limits or is illegally collected a suit lies.
6. Questions of the correctness of the assessment apart from its con-titutionality are for the
decision of the authorities and a civil suit does not lie if the orders of the authorities are
declared to be final or there is an express prohibition in the particular Act. In either case
the scheme of the particular Act must be examined because it is a relevant enquiry.
7. An exclusion of the jurisdiction of the civil court is not readilyto be inferred unless the
conditions above set down apply.

Conclusion
 17

In practice there are a number of tribunals functioning in the country. Very few of them,
however, have been able to inspire confidence in the public. The tribunals have shown a singular
lack of competence and objectivity in determining disputes. Another reason for their failure is the
constitution of the tribunals and the method of appointment of the personnel. Persons with
expertise and the right qualifications do not want to sit on these tribunals thus leading to the
unsatisfactory functioning of these tribunals. The uncertainty of tenure, unsatisfactory service
conditions, interference by the executive and political interference has further impeded the
proper development of tribunals in India. Tribunals are supposed to provide specialised
adjudicatory services but the type of people appointed lack the requisite expertise and are on the
tribunals merely because of political pressure and executive interference.

Tribunals are supposed to serve as alternative institutional mechanisms to high courts, they must
therefore be able to inspire public confidence by proving themselves to be a competent and
expert mechanism with a judicial and objective approach. In order to achieve this it is essential
that members of the tribunal are equipped with adequate judicial acumen and expertise. These
judicial officers need to be balanced with experts in the particular field. Only a judicious blend of
the two will be able to provide an effective and result oriented tribunal system. Another
important measure which needs to be taken are steps to maintain the independence of the
members of these tribunals from political or executive interference. Justas the ordinary judiciary
is protected from political control through security of tenure and through institutionalized
methods of appointment (through a selection committee comprising of the Chief Justice,
Departmental secretaries, etc.) in order to further reduce the burden on the High Court’s the high
courts must be divested of the supervisory jurisdiction over the tribunals. It is essential therefore
that a single centralised nodal agency be established to see the functioning of the tribunals. Such
a centralised umbrella organisation will ensure the independence of the tribunals in matters of
tenure and funds. Thus the overall picture regarding tribunalisation of justice in the country is far
from satisfactory. A fresh look at the system of tribunals in India is required so as to ensure
speedy justice and quick disposal of disputes arising out of administrative disputes which are
essential for the development of the nation.

Bibliography
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Books:

 Sathe, S.P., Adminiostrative Law, 6th. Ed. (1999)

 C.K. Takwani, Lectures on Administrative Law, 5th ed. (2012)
 Chakraverti, S., Administrative Law and Tribunals, 2nd edition.
 Blakemore and B. Greene, Law for Legal Executives,95, (1996)
 Partington, Martin, ‘The Future of Tribunals’, Legal Action, 9, (1993)
 Nayak,R.,Administrative justice In India, 38 (1989)
 Jain,M.P., Principles of Administrative Law, 246, (1996)

Internet Documents:

 http://www.lawteacher.net/english-legal-system/lecture-notes/admin-tribunals.php