Today, On 20th September, At the 10th All India Conference of the Central Administrative Tribunal, Chief Justice of India BR Gavai highlighted the vital role of tribunals. He said administrative tribunals occupy a unique space between the executive and the judiciary in India.
During the 10th All India Conference of the Central Administrative Tribunal, Chief Justice of India BR Gavai spoke about the role and functioning of administrative tribunals in India.
He pointed out that these tribunals hold a distinctive position between the executive and judicial branches.
Unlike traditional courts, many tribunal members have backgrounds in administration, although a notable number possess judicial experience as well.
CJI BR Gavai remarked,
“The administrative tribunals are unlike courts in that they occupy a unique space between the executive and the judiciary. Many of the members come from the administrative services, while others come from the judiciary…”
However, he emphasized that while this diversity is an asset, members with administrative backgrounds often require training in legal reasoning and tend to be hesitant about issuing orders that oppose government interests.
CJI Gavai added,
“Although this diversity presents a strength, since it brings together judicial acumen and administrative reasoning, it is imperative to note that members are consistently trained and held to uniform standards of eligibility and conduct. Judicial members usually benefit from the nuances of public administration, while administrative members need training in legal reasoning. As a judge, I have personally noticed that judges with an administration background do not forget they are from administration and are averse to passing orders which are against the government,”
In discussing the relationship between the administration and the judiciary, CJI Gavai noted that workshops and training programs led by judicial academicians could significantly improve tribunal functioning.
He stated,
“The regular workshops, conferences, and training programs conducted by the judicial academicians can prove invaluable in this regard and greatly enhance the effectiveness of the tribunal,”
Speaking at the event, CJI BR Gavai addressed the issue of misconduct by a few judges.
The CJI said,
“Due to the conduct of some judges there is a discontent at the bar…”,
Possibly referring to a recent incident that unfolded in the Bombay High Court wherein a young lawyer reportedly fainted after being publicly reprimanded by Justice AS Gadkari, the CJI said,
“I wont name the high court and wont’ name the judge, the young lawyer was so browbeaten that he became unconscious in the court…”.
CJI remarked,
“As judges we must also accept the position that both judges as well as the lawyers are like to wheels of the golden chariot of Justice. None superior none inferior. Unless the lawyers and the judges work together the institution of administration of justice which exists for the last citizen of the country cannot function properly.”
He also observed that bureaucrats often hesitate to take responsibility and instead shift the burden onto the judiciary. He added that having a central agency to filter which cases should be appealed could significantly reduce court pendency.
He said,
“The bureaucrats are afraid to take the risk and they pass on the burden to the judiciary. Therefore, if there is some Central agency that filters which cases are to be appealed, it will greatly reduce the pendency of the matters before the court. As we know, the Central government is the biggest litigant before the Supreme Court as well as the High Court,”
Union Law Minister Arjun Ram Meghwal addressed the objectives of the conference, highlighting that discussions regarding the challenges faced by the Central Administrative Tribunal (CAT) would take place.
He said,
“This is the 10th conference of CAT. Discussions on the work of CAT take place here… If any challenge like AI and technology change arises, how we address that challenge and turn disaster into opportunity, there will be contemplation, reflection, and deliberation here on this matter,”
Established on November 1, 1985, under the Administrative Tribunals Act, 1985, the Central Administrative Tribunal resolves disputes and complaints related to the recruitment and service conditions of individuals appointed to public services and positions associated with the Union, States, and other local authorities in India.