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Haryana Administrative Tribunal

Topics covered:

Statutory, regulatory and various quasi-judicial bodies.

 

Haryana Administrative Tribunal

 

What to study?

For prelims and mains: Administrative tribunals- composition, establishments and issues with their functioning.

 

Context: Punjab and Haryana High Court Bar Association has suspended work indefinitely since a notification came out on July 24 for setting-up the Haryana Administrative Tribunal.

The Tribunal is meant to adjudicate over the service matters of the state employees that earlier would be directly heard by the High Court.

 

What is Haryana Administrative Tribunal?

The tribunal is a quasi-judicial body on the lines of Central Administrative Tribunal for redressal of the grievance of state employees concerning their employment.

Tribunal orders can be challenged before the High Court.

 

Under which law are the Tribunals setup?

Article 323-A, which came by way of 42nd constitutional amendment in 1976, enabled the Centre to enact The Administrative Tribunals Act, 1985 for setting-up the Tribunals for adjudication over “disputes and complaints with respect to recruitment and conditions of service of persons”.

The Centre under the Act can establish the Tribunal for its own employees and also has the power to establish one for a state after receiving a request from the state government.

Two or more states can also agree for a single tribunal.

 

Composition:

  1. The Tribunal is to be headed by a Chairman or Chairperson – a retired High Court Judge, and a number of Judicial and Administrative Members.
  2. The Chairperson can be removed only by the President of India.
  3. The Tribunal can also have benches at different locations.

 

Need:

In the absence of the Tribunal, the employees have no other option but to directly approach the High Court. The government’s decision to establish the Tribunal had been pending since 2015 and is aimed at reducing a large number of pending cases before the High Court and quick disposal of the grievances of employees, as per the state.

 

Why is bar association opposing this move?

The Bar Association has been saying the decision encroaches upon the jurisdiction of the Court and is also aimed at circumventing the judicial independence.

They argue that Tribunal members do not enjoy powers like judges who hold constitutional posts.

Tribunals are also seen as a means to encroach upon the jurisdiction and judicial independence of the High Court.

 

Sources: Indian Express.