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DAILY NEWS ANALYSIS

  • 31 January, 2023

  • 5 Min Read

Central administrative tribunal

Central administrative tribunal

The government is continually removing roadblocks to expedite the resolution of cases before the Central Administrative Tribunal nationwide.

About central administrative tribunal:

  • Tribunal-related clauses were absent from the original Constitution.
  • The Constitution now has a new Part XIV-A, credit to the 42nd Amendment Act of 1976, articles regarding tribunals were inserted.
  • Article 323 A: Dealing with administrative tribunals.
  • Article 323 B: Dealing with tribunals for other concerns.
  • Administrative Tribunals: Article 323 A grants the Parliament the authority to establish administrative tribunals for the purpose of resolving disputes relating to the appointment of individuals to public services of the Center, the States, local bodies, public corporations, and other public authorities, as well as the recruitment and employment conditions of those individuals.
  • The Administrative Tribunals Act was enacted by the Parliament in 1985 in accordance with Article 323 A.
  • The statute permits the establishment of the State Administrative Tribunals (SAT) and the Central Administrative Tribunal (CAT) by the Central government.
  • CAT, the Central Administrative Tribunal: When it comes to hiring and all other service-related issues involving public employees that fall under its purview, the CAT has initial authority.
  • All-India services, Central civil services, civil posts under the Center, and civilian defense service employees are included in its scope of authority.
  • SATs for state administrative tribunals: The Central Government may create State Administrative Tribunals (SATs) at the express request of the involved state governments, according to the Administrative Tribunals Act of 1985.
  • When it comes to hiring and every other aspect of employee service for state government employees, the SATs have initial jurisdiction.
  • Tribunals work in conjunction with the conventional judicial system.

Two primary factors led to the establishment of tribunals:

  • Allowing for the use of expert knowledge in arguments about technical issues.
  • Easing the workload for the legal system.
  • By integrating some tribunals based on commonality in their functional domains, the Finance Act of 2017 reformed the Indian tribunal system to ensure uniformity in its administration.
  • The 2017 Act also gave the federal government the authority to create regulations that would outline the requirements, nominations, terms of office, wages and benefits, removal procedures, and other terms of employment for these tribunals' chairs and members.
  • Nine current appellate bodies are eliminated under the Tribunals Reforms Act 2021, and high courts take on the majority of their duties.
  • The 2021 Act also modifies the Finance Act of 2017 to bring key elements (such as eligibility requirements, appointment procedures, terms of office, and salaries and benefits for tribunal members) under its scope.

Jurisdiction of the Central Administrative Tribunal:

  • The CAT has exclusive jurisdiction over all service-related complaints involving:
  • All-India services personnel.
  • individuals appointed to any civil post or civil service inside the Union.
  • civilians appointed to positions in the defense industry or defense-related services.
  • The government informed staff members of PSUs and other public sector enterprises.
  • The CAT does not apply to officers, members of the armed services, staff members of the Supreme Court, or secretarial staff employed by the Parliament.
  • The Tribunal has been granted the ability to act in matters of self-inflicted contempt with the same authority and jurisdiction as a High Court.
  • Appeals against a tribunal's rulings could be filed with the High Court (and not the SC directly – Chandra Kumar Case, 1997).
  • In addition to 21 Circuit Benches, the CAT has 17 Benches across the nation.
  • The National Capital Territory of Delhi's government is dealt with by the CAT Principal Bench.
  • The Tribunal is inspired by the ideals of natural justice while making decisions. The Code of Civil Procedure does not apply to it.
  • The pay, emoluments, and working conditions of the Tribunal's workers are determined by the federal government.

Source: PIB


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