Administrative Adjudication in India

Administrative adjudication begins when there is any inquiry, investigation and settlement of a dispute involving a private party by an administrative department or agency.

What Administrative Tribunals Do

Typically, such disputes are settled by administrative tribunals or administrative courts. Just like a regular court, administrative tribunals hear both parties to the dispute, examine the evidence, and pronounce decisions. However, administrative tribunals or courts are not considered to be part of the ‘judiciary.’ Let’s understand why.

Remember, every government has three vital organs to ensure its smooth functioning, namely:

• The legislature
• The executive
• The judiciary

 Just as the human body depends on the smooth functioning of its vital organs to stay fit and healthy, every government requires these three vital organs (listed above) to work perfectly. We know that the legislature enacts laws to regulate activities in the society while the executive implements these so as to maintain the law and order in the state. The relevance of the judiciary is that when there are any crimes that are committed or if there are any disputes about rights, duties, responsibilities or a question of law that arises, the judiciary interprets the law and delivers a judgment to settle the dispute.

How Administrative Tribunals are Different from Regular Courts

A slight difference in the approach of administrative courts is that they do not follow the principles of law and evidence but they follow the principles of natural justice. Further, administrative courts in India are manned by officers from the executive organ of the government, and not from the judiciary.

Other notable points that make administrative courts different from regular courts are as follows:

• It is not compulsory to have a lawyer to represent your case, if there is scope for adjustment on the dispute.
• The decision can be determined by experts on a subject and they don’t have to be judges.
• Formal rules pertaining to evidence and witnesses are not necessary.
• There are no complex court procedures.
• Administrative courts are not bound by precedents as they can formulate policy and exercise considerable flexibility to improve standards and procedures.

Advantages of Administrative Tribunals

The advantages of administrative tribunals are numerous. You don’t have to worry about paying for court fees, legal representation or pleadings. None of this is essential in administrative courts or tribunals. Further, as there are no complex procedures, there will be speedy justice. This system also reduces the burden of pending cases in regular courts. The weight of expert opinion endows the administrative tribunals with a higher level of professional expertise and transparency.

Disadvantages of Administrative Tribunals

Administrative tribunals and courts have come under considerable criticism. It has limited or non-existent right to appeal. It has separate laws and procedures that circumvent the celebrated judicial principles followed by regular courts in the country. Further, the decisions of administrative tribunals/courts are not documented, preserved or known to the general public.

Examples of Administrative Tribunals in India

Here are some examples of administrative tribunals in India:

• Income Tax Appellate Tribunals
• Election Tribunals
• Labor Courts
• Wage Boards
• Rent Tribunals
• Railway Tribunals
• Industrial Tribunals
• Compensation Tribunals

However, in India, there is a common feeling among laypersons that administrative tribunals do not act impartially and as a result, citizens fail to secure justice.