Q. Consider the following statements:
1. A tribunal is an administrative body established for the purpose of discharging quasi-judicial duties.
2. Administrative Tribunals created under Article 323A, are not bound by technical rules of Indian Evidence Act of 1872.
3. All tribunals are not courts, though all Courts are Tribunals.
How many statements given above are correct?
Exp) Option c is the correct answer
Statement 1 is correct. Tribunal is an administrative body established for the purpose of discharging quasi-judicial duties. An Administrative Tribunal is neither a Court nor an executive body. It stands somewhere midway between a Court and an administrative body. The basic test of a Tribunal within the meaning of Article 136 is that it is an adjudicating authority (other than Court) vested with the judicial power of the State.
Statement 2 is correct. Administrative Tribunals created under Article 323A have been freed from technical rules of Indian Evidence Act, 1872 and procedural shackles of the Code of Civil Procedure, 1908. At the same time, they have been vested with the powers of Civil Court in respect of some matters including the review of their own decisions and are bound by the principles of natural justice.
Statement 3 is correct. According to the Supreme Court, all tribunals are not courts, though all Courts are Tribunals. The word ‘Courts’ is used to designate those Tribunals which are set up in an organised State for the Administration of Justice. By Administration of justice is meant the exercise of judicial power of the State to maintain and uphold rights and to punish ‘wrongs’.
