The 42nd Amendment Act of 1976 added a new Part XIV-A to the Indian Constitution, establishing provisions for the creation of tribunals. This part consists of Articles 323A and 323B, addressing administrative tribunals and other tribunals respectively. The establishment of tribunals has played a critical role in providing quick and cost-effective justice in specific matters.
Central Administrative Tribunal (CAT)
The Central Administrative Tribunal (CAT) was established in 1985 under the Administrative Tribunals Act, 1985. It is responsible for adjudicating disputes related to recruitment and conditions of service for individuals in public services under the Central government. The tribunal primarily hears disputes concerning:
- All-India Services: Members of services such as the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS).
- Central Civil Services: Individuals serving in Central government roles.
- Civil Posts Under the Centre: Individuals employed in civil positions within the Central government.
- Civilian Employees of Defence Services: Those employed in defense services as civilians.
However, the jurisdiction of the CAT does not extend to members of the defense forces, officers and staff of the Supreme Court, and secretarial staff of the Parliament.
The CAT operates from its principal bench in Delhi and additional benches across various states, totaling 17 regular benches. Each bench may also hold circuit sittings at other locations as needed.
The CAT is a multi-member body composed of a chairman and members drawn from judicial and administrative backgrounds. As of the Administrative Tribunals (Amendment) Act, 2006, the provision for Vice-Chairman was removed. Thus, the current structure includes:
- Chairman: The sanctioned strength of the position is one.
- Members: The sanctioned strength of the members is 65.
They hold office for five years or until reaching the age of 65 (for the chairman) and 62 (for members), whichever occurs first.
State Administrative Tribunals (SATs)
The Administrative Tribunals Act of 1985 allows for the creation of State Administrative Tribunals (SATs) at the request of individual state governments. The Central government must establish a SAT in response to a request from the respective state.
The SATs exercise original jurisdiction in matters relating to recruitment and all service matters of state government employees.
- Appointments: The chairman and members of SATs are appointed by the President of India in consultation with the governor of the state concerned.
The establishment of both CAT and SATs has helped streamline and improve the efficiency of handling disputes concerning recruitment and service matters within public services at both the central and state levels.
Tribunals for Other Matters
