The Chief Justice of India, BR Gavai, emphasized the unique role of administrative tribunals in balancing the functions of the executive and judiciary during a recent conference.
New Delhi, September 20 (ANI) — Chief Justice of India, BR Gavai, addressed the role of administrative tribunals in India during the 10th All India Conference of the Central Administrative Tribunal held on Saturday.
In his remarks, Chief Justice Gavai highlighted that administrative tribunals occupy a distinctive position between the executive and the judiciary. He pointed out that, unlike traditional courts, many members of these tribunals come from an administrative background, while others possess 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 Gavai.
Despite the advantages of this diversity, Gavai noted that members with administrative backgrounds often require training in legal reasoning. He observed that they may be hesitant to issue orders that go 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,” he added.
During his address, CJI Gavai also discussed the ongoing tension between the administration and the judiciary. He suggested that workshops and training programs led by judicial academicians could significantly 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,” Gavai stated.
Union Law Minister Arjun Ram Meghwal also spoke at the conference, outlining the objectives of the 10th edition of the All India Conference of the Central Administrative Tribunal. He emphasized the importance of discussing the functioning of the Central Administrative Tribunal (CAT) and addressing the challenges it faces.
“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,” Meghwal remarked.
The Central Administrative Tribunal was established on November 1, 1985, under the Administrative Tribunals Act, 1985. It is tasked with addressing disputes and complaints related to 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.
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