Characteristics
of Administrative Tribunals:
The following are the
characteristics of an administrative tribunal:
1. An
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. An
administrative tribunal is entrusted with the judicial powers of the State and
thus, performs judicial and quasi-judicial functions, as distinguished from
pure administrative or executive functions and is bound to act judicially.
4. Even with
regard to procedural matters, an administrative tribunal possesses powers of a
court; for example, to summon witnesses, to administer oath, to compel
production of documents, etc.
5. An
administrative tribunal is not bound by strict rules of evidence and procedure.
6.The decisions
of most of the tribunals are in fact judicial rather than administrative in as
much as they have to record findings of facts objectively and then to apply the
law to them without regard to executive policy. Though the discretion is conferred
on them, it is to be exercised objectively and judicially.
7. Most of the
administrative tribunals are not concerned exclusively with the cases in which
Government is a party; they also decide disputes between two private parties,
e.g. Election Tribunal, Rent Tribunal, Industrial Tribunal, 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 functions.
9. The
prerogative writs of certiorari and prohibition are available against the
decisions of administrative tribunals.
Thus, taking
into account the functions being performed and the powers being exercised by
administrative tribunals it can be said that, they are neither exclusively
judicial nor exclusively administrative bodies, but are partly administrative
and partly judicial authorities.
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