"Administrative tribunals, occupy unique space between executive and judiciary," CJI BR Gavai

New Delhi [India], September 20 (ANI): The Chief Justice of India, BR Gavai, commented on the functioning of the administrative tribunal in India during the 10th All India Conference of the Central Administrative Tribunal on Saturday.
During the conference, Chief Justice BR Gavai discussed the functioning of Indian tribunals, highlighting that administrative tribunals occupy a unique position between the executive and the judiciary. He noted that, in contrast to courts, many members of these tribunals come from an administrative background, while a significant number also have judicial experience.
"...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..." said CJI BR Gavai.
However, Gavai emphasised that even though diversity is a strength of tribunals, he notes that members with an administrative background require training in legal reasoning and are generally averse to passing orders, which is against the government.
"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," added CJI Gavai.
While addressing the tussle between the administration and the judiciary, CJI Gavai also mentioned that workshops and training programmes, which judicial academicians conduct, can enhance the functioning of the tribunals.
"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", added CJI Gavai.
Union Law Minister Arjun Ram Meghwal discussed the goal of the 10th edition of the All India Conference of the Central Administrative Tribunal and asserted that discussion on CAT functioning will take place, and on this platform, the challenges plaguing the CAT will be discussed.
"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," he said.
On November 1, 1985, the Central Administrative Tribunal was established under the Administrative Tribunals Act, 1985. This tribunal addresses disputes and complaints regarding the recruitment and service conditions of individuals appointed to public services and posts associated with the affairs of the Union, States, and other local authorities under the Government of India. (ANI)