GS2 PYQ (Mains Answer Writing): Central Administration Tribunal | Indian Polity for UPSC CSE PDF Download

The Central Administration Tribunal which was established for redressal of grievances and complaints by or against central government employees nowadays is exercising its powers as an independent judicial authority." Explain.

Introduction 
‘Tribunal ‘is an administrative body established for the purpose of discharging quasi-judicial duties. An Administrative Tribunal is neither a Court nor an executive body. It stands somewhere midway between a Court and an administrative body. 

• Article 323-A, which came by way of 42nd constitutional amendment in 1976, enabled the Centre to enact The Administrative Tribunals Act, 1985 for setting-up the Tribunals for adjudication over “disputes and complaints with respect to recruitment and conditions of service of persons”. 
• Thus Administrative Tribunals Act, 1985 provides for the establishment of Central Administrative Tribunal and State Administrative Tribunals. The delay in justice administration is one of the biggest obstacles which have been tackled with the establishment of Tribunals. 

Composition 

• The CAT is a multi-member body consisting of a Chairman and members. 
• With the amendment in Administrative Tribunals Act, 1985 in 2006, the members have been given the status of judges of High Courts 
• In 2013, the sanctioned strength of the Chairman is one and sanctioned strength of the Members is 65 
• They are drawn from both judicial and administrative streams and are appointed by the President. 
• They hold office for a term office years or until they attain the age of 65 years, in case of Chairman and 62 years in case of members, whichever is earlier. 

Specific powers of Central

Administrative tribunal 

• CAT exercises original jurisdiction in relation to recruitment and conditions of service of persons appointed to public services.. Flexibility: Administrative Tribunals created under Article 323A have been freed from technical rules of Indian Evidence Act, 1872 and procedural shackles of the Code of Civil Procedure, 1908 but, at the same time, they have 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 principle of natural justice. 
• Relief to Courts: The system also gives the much-needed relief to ordinary courts of law, which are already overburdened with numerous suits. Initially the decision of Tribunal can be challenged only before Supreme courts by filing Special leave petition, however after Chandra Kumar case; the orders of CAT are now being challenged by way of writ petition u/a 226/227 of the Constitution before respective High courts. 
• It lay down that appeals against the orders of the CAT shall lie before the division bench of the concerned High Court. 

Conclusion 
The above powers of CAT show that in certain spheres like recruitment and conditions of service of persons appointed to public services and cases related to civil service rule where supreme Court refrain itself and denied accepting the cases so that purpose of CAT could not get defeated shows that they are exercising their power as an independent Judicial Authority as judgments are more circumstances based and situational.
For example NATIONAL GREEN TRIBUNAL. However, in India Common Law System is followed in which a bench mark is set and final interpretation is subjected to Independent judicial system also CAT Functions on the principle of Natural Justice as they are not bound by the Rule of Procedures. Thus, after Chandra Kumar case it can be entertain by the High court & Supreme Court therefore on this basis we cannot accept that they work as a independent judiciary.

Topics covered - Tribunals, CAT, SATs