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December 28 – GS2/Polity: 2025 | UPSC Daily Answer Writing Practice 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

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FAQs on December 28 – GS2/Polity: 2025 - UPSC Daily Answer Writing Practice

1. What are the primary functions of the Constitution of a country?
Ans. The Constitution serves several fundamental functions including establishing the framework for government, delineating the powers and responsibilities of various branches, protecting individual rights and liberties, ensuring the rule of law, and providing mechanisms for amendments and governance. It acts as the supreme law of the land, guiding the conduct of public officials and institutions.
2. How does the Constitution safeguard individual rights?
Ans. The Constitution typically includes a Bill of Rights or similar provisions that enumerate specific rights and freedoms guaranteed to individuals. These rights often include freedom of speech, religion, and assembly, among others. Additionally, the Constitution establishes judicial review, allowing courts to interpret and enforce these rights against infringement by the government or other entities.
3. What is the significance of the separation of powers in a Constitution?
Ans. The separation of powers is crucial as it prevents the concentration of authority in any single branch of government. By dividing responsibilities among the executive, legislative, and judicial branches, it creates a system of checks and balances. This ensures that each branch can monitor and limit the powers of the others, maintaining a balance that protects democratic governance and individual freedoms.
4. What role do amendments play in the Constitution?
Ans. Amendments allow for the Constitution to evolve and adapt to changing societal values and norms. They provide a formal process through which changes can be made to the Constitution, ensuring its relevance over time. This process usually involves proposal by a supermajority in the legislature or a constitutional convention, followed by ratification by a significant number of states or a similar assembly.
5. Why is the rule of law an essential principle in a constitutional democracy?
Ans. The rule of law is fundamental because it ensures that all individuals, including government officials, are subject to the law. It promotes fairness, accountability, and transparency in governance. In a constitutional democracy, the rule of law protects citizens from arbitrary power and abuse, upholding their rights and providing a framework for justice.
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