Administrative Tribunals and ordinary Courts constituted by the Court. Administrative tribunals are not full-fledged Courts. Administrative tribunals and ordinary courts both are adjudicating bodies.
Dictionary meaning of Tribunal -
Tribunal means a seat or a bench upon which a Judge or judges it in a court., "a Court of Justice. But actually, this meaning is very wide as it includes even the ordinary courts of law, whereas, in administrative law this expression is limited to adjudicating authorities other than ordinary courts of law.
Definition of Tribunal -
It is not possible to define the word Tribunal preciously and scientifically. Tribunal is an administrative body which exercises the power to adjudicate. Tribunals are not regarded as ordinary Courts. Administrative Tribunal is similar to Court in certain aspect. Both of them are constituted by state. Both of them are invested with judicial powers and have a permanent existence. Administrative Tribunal and court both deal with the dispute and finally decide disputes between the parties which affect the rights of the subjects
Characteristics of Administrative Tribunal -
Administrative tribunals are not full-fledged court .supreme court has laid down that tribunal must have the following characteristics-
1) Administrative tribunal is the creation of a statute and thus, it has a statutory origin
2) It has some of the trappings of a court but not all.
3) And Administrative tribunal is entrusted with the judicial powers of the state and thus, performs judicial and quasi-judicial function, as distinguished from pure Administrative or executive function and
is bound to act judicially.
4) An Administrative tribunal possesses power of a court; with regard to procedural matters, e.g to summon witnesses, to administer oath, to copal production of documents, etc . thus, administrative tribunal is vested with all power of civil court.
5) An administrative tribunal is not bound by strict rules of evidence and procedure.
6) The decision of most of the tribunals are in fact judicial rather than administrative is as much as they have to record findings of the facts objectively and then to apply the law to them, it is to be exercised objectively and judicially.
7) Most of the administrative tribunals are not concerned exclusively with the case in which the government is a party; they also decide disputes between two private parties, e.g election tribunals, rent
tribunal, industrial tribunals, etc.on the other hand the income tax tribunal always decides disputes between the government and the assesses
8) Administrative tribunals are independent and they are not subject to any administrative interference in the discharge of their judicial or quasi-judicial function.
9) The prerogative writs of certiorari and prohibition are available are against the decision of administrative tribunals.
10) It is required to sit in public
11) Party may be represented by the legal practitioner but not as of right
12) Members of the tribunals are qualified to be judges Thus, taking into account the function being performed and the powers being exercised by administrative tribunals we may say that they are neither exclusively judicial nor exclusively Administrative bodies, but are partly administrative and partly judicial authorities.
See also...
1. Distinction/Difference between Codifying Statutes and consolidating Statutes
2. Difference/Distinction Between A Court and Tribunal
3. Difference Between Summary Suit and Ordinary Suit (Regular Suit)
4. Caveat (Section 148-A of The Code of Civil Procedure)
5. Appointment of Receiver (Order 40 Civil Procedure Code)
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