The central administrative tribunal which was established for redressal of grievances and complaints by or against central government employees nowadays is exercising its power as an independent judicial authority. Explain. (UPSC IAS Mains 2019 General Studies Paper – 2)
A new Part XIV-A was added to the Constitution by the 42nd Amendment Act of 1976. This part is titled as ‘Tribunals’ and consists of Article 323A which empowers the Parliament to provide for the establishment of administrative tribunals for the adjudication of disputes relating to recruitment and conditions of service of public servants. Consequently, the Central Administrative Tribunal (CAT) was established by an Act of 1985. The Principal seat of CAT is at New Delhi with additional benches in different states. The CAT has been given original jurisdiction in relation to recruitment and all service matters of public servants covered by it.
The Central Administrative Tribunal (CAT) acts as an independent judicial authority i.e. it performs the duties free of influence or control by other actors.
- Article 323A enables the Parliament to take out the adjudication of disputes relating to service matters from the civil courts and the high courts and place it before the administrative tribunals.
- CAT is of statutory origin, as opposed to Supreme Court and high courts which have direct origin from the Constitution. Nevertheless, the 1985 Act, by establishing CAT, has opened a new chapter in the sphere of providing speedy and inexpensive justice to the aggrieved public servants.
- The members of CAT are drawn both from judicial as well as administrative streams so as to give the Tribunal the benefit of expertise both in legal and administrative spheres.
- CAT is free from technical rules of Indian Evidence Act, 1872 and procedural shackles of the Code of Civil Procedure, 1908 but it has been vested with the powers of Civil Court in respect of some matters including the review of their own decisions and are bound by the principles of natural justice.
- Recently, the Delhi High Court has held that the CAT can exercise the same jurisdiction and powers, as a High Court, in respect of its contempt proceedings. Thus, it gave more power to act as an independent judicial authority.
- In another case, the CAT has taken a swipe at Delhi High Court because during June vacations the High Court has heard briefly a case which was originally pending before the tribunal.
However, the Central Administrative Tribunal still cannot be called truly independent judicial body because
- the Tribunal members do not enjoy powers like other judges who hold constitutional posts, and
- it is dependent on the executive for appointing members of the tribunal and their funding.
Thus, it can be fairly argued that the tribunal which was formed for grievance and complaints redressal has although evolved into a judicial body but it cannot be called entirely independent.
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