Composition of Administrative Tribunals

Meaning

The composition of an administrative tribunal refers to the structure of the tribunal, including its Chairperson, Judicial Members and Administrative Members, their qualifications, appointment and the constitution of benches.

In India, the composition of tribunals is governed by the legislation establishing the particular tribunal. For administrative tribunals constituted under the Administrative Tribunals Act, 1985, the principal provisions are found in Sections 5 and 6.

The composition is particularly important because tribunals perform adjudicatory functions and therefore require appropriate judicial expertise, administrative experience and institutional independence.

Composition under the Administrative Tribunals Act, 1985

Section 5 of the Administrative Tribunals Act provides that each tribunal consists of:

• a Chairman/Chairperson; and
• such number of Judicial Members and Administrative Members as the appropriate Government may determine.

The jurisdiction and powers of the tribunal are exercised through its benches.

Thus, the basic structure can be represented as:

Administrative Tribunal

→ Chairperson
→ Judicial Members
→ Administrative Members
→ Benches constituted from these members

Chairperson

The Chairperson is the head of the tribunal and has important administrative and adjudicatory responsibilities.

The Chairperson may exercise functions connected with the constitution and functioning of benches and may exercise the powers provided by the governing legislation.

The Chairperson may also perform the functions of a Judicial or Administrative Member in circumstances permitted by the Act.

Judicial Members

Judicial Members bring judicial experience and legal expertise to the tribunal.

Their presence is particularly significant because administrative tribunals determine disputes involving legal rights, statutory provisions and service conditions.

The Judicial Member helps ensure that questions of law, procedure and natural justice receive appropriate consideration.

Administrative Members

Administrative Members contribute experience in public administration and government service matters.

Their administrative experience can be useful in understanding:

• service rules;
• recruitment procedures;
• disciplinary systems;
• government administration; and
• practical functioning of public services.

The combination of judicial and administrative expertise is one of the distinctive features of administrative tribunals.

Composition of a Bench

Under Section 5 of the Administrative Tribunals Act, the general rule is that a bench consists of:

One Judicial Member + One Administrative Member.

This mixed composition allows the tribunal to combine judicial expertise with administrative experience.

For certain matters, the Act also permits the constitution of benches involving more than two members, subject to the statutory requirements. Such a bench must include at least one Judicial Member and one Administrative Member. (India Code)

The Act also permits a single-member bench in circumstances authorised under the statutory framework.

Qualifications of Members

The qualifications of the Chairperson and Members are governed by the statutory framework and the applicable rules.

The composition of a tribunal is not simply a matter of appointing any administrative officer or lawyer. The law prescribes eligibility requirements intended to ensure that persons exercising adjudicatory functions possess appropriate judicial or administrative experience.

The statutory framework concerning qualifications has also been affected by subsequent amendments and judicial decisions concerning tribunalisation.

Appointment of Members

The appointment process is an important aspect of tribunal composition because the independence and competence of adjudicatory bodies depend substantially upon the method by which their members are selected.

The governing legislation and applicable rules determine the appointment process, qualifications and conditions of service.

Tribunal reforms have subsequently modified aspects of the appointment and service framework applicable to tribunal members. The Tribunals Reforms Act, 2021, for example, contains provisions concerning qualifications, appointment and conditions of service of Chairpersons and Members of tribunals covered by that legislation.

Benches of Administrative Tribunals

Administrative tribunals generally function through benches rather than requiring every member to participate in every case.

The Act permits the constitution of different benches and provides mechanisms for distributing cases among them.

The Chairperson has powers concerning the functioning and transfer of members between benches, subject to the statutory framework.

Why are Benches Necessary?

The bench system helps:

• distribute cases efficiently;
• accommodate the geographical spread of tribunal jurisdiction;
• deal with large numbers of cases;
• use judicial and administrative expertise together; and
• facilitate specialised adjudication.

Central Administrative Tribunal

The Central Administrative Tribunal (CAT) is the principal tribunal established under the Administrative Tribunals Act, 1985 for matters falling within its statutory jurisdiction.

Its composition follows the framework prescribed by the Act, consisting of a Chairperson and Judicial and Administrative Members.

Different benches of CAT function at locations authorised under the statutory and administrative framework.

State Administrative Tribunals

The Administrative Tribunals Act also provides for the establishment of State Administrative Tribunals.

Their composition follows the statutory framework applicable to administrative tribunals, with a Chairperson and Judicial and Administrative Members.

The precise institutional structure and functioning depend upon the applicable statutory arrangements and government notifications.

Importance of Mixed Composition

The combination of Judicial and Administrative Members serves an important purpose.

Judicial Expertise

Judicial Members contribute:

• knowledge of legal principles;
• experience in adjudication;
• understanding of procedural fairness; and
• interpretation of statutory provisions.

Administrative Expertise

Administrative Members contribute:

• knowledge of government functioning;
• familiarity with service rules;
• understanding of administrative procedures; and
• practical experience in public administration.

Combined Expertise

The objective is to combine legal adjudicatory expertise with administrative knowledge.

This is particularly relevant in service disputes, where questions may involve both legal interpretation and complex administrative rules.

Independence of Tribunal Members

The composition of a tribunal cannot be considered separately from the issue of institutional independence.

Since tribunals exercise adjudicatory functions, important considerations include:

• qualifications of members;
• method of appointment;
• tenure;
• removal;
• salaries and allowances;
• conditions of service; and
• administrative control.

If these aspects do not adequately protect adjudicatory independence, questions may arise concerning the tribunal’s ability to function impartially.

The Supreme Court has repeatedly addressed these issues in cases concerning tribunalisation.

L. Chandra Kumar v. Union of India (1997)

The Supreme Court’s decision in L. Chandra Kumar v. Union of India is a major constitutional authority concerning tribunals.

The Court held that judicial review by the High Courts under Articles 226 and 227, and the Supreme Court’s jurisdiction under Article 32, forms part of the basic structure of the Constitution.

Therefore, tribunals cannot completely replace the constitutional role of the High Courts and Supreme Court.

The decision is also important when considering tribunal composition because a tribunal must function as a constitutionally compatible adjudicatory institution rather than as an unrestricted substitute for constitutional courts.

Union of India v. Madras Bar Association

In Union of India v. Madras Bar Association (2010), the Supreme Court examined issues concerning the structure and functioning of tribunals.

The Court emphasised the importance of independence, competence and appropriate institutional safeguards in tribunal design.

The case is significant for understanding why the composition and conditions of service of tribunal members are not merely administrative matters but can have constitutional implications.

Composition and Natural Justice

The composition of an administrative tribunal directly relates to the principle of natural justice.

A tribunal deciding a dispute must be constituted and function in a manner that promotes impartial adjudication.

The rule against bias, expressed through nemo judex in causa sua, requires that a person with a legally relevant conflict should not participate in deciding the matter.

Thus, appropriate composition contributes to:

• impartiality;
• independence;
• procedural fairness; and
• public confidence in adjudication.

Composition of Administrative Tribunals: Summary Table

Component	Role
Chairperson	Heads the tribunal and exercises statutory administrative and adjudicatory functions
Judicial Member	Provides judicial and legal expertise
Administrative Member	Provides administrative and service-related expertise
Bench	Exercises the tribunal’s jurisdiction in individual cases
Single Member Bench	Permitted in circumstances authorised by the Act
Larger Bench	May be constituted for matters requiring consideration by more members, subject to statutory requirements

Key Points for Exams

• The composition of administrative tribunals is primarily governed by the law establishing the particular tribunal.
• Under Section 5 of the Administrative Tribunals Act, 1985, a tribunal consists of a Chairperson and Judicial and Administrative Members. (India Code)
• The normal bench consists of one Judicial Member and one Administrative Member. (India Code)
• The Act permits larger benches in appropriate circumstances, while requiring representation of both judicial and administrative expertise. (India Code)
• The Act also permits a single-member bench in circumstances authorised by the statute. (India Code)
• Judicial Members provide legal and adjudicatory expertise.
• Administrative Members provide administrative and service-related expertise.
• The independence and qualifications of tribunal members are important constitutional considerations.
• L. Chandra Kumar v. Union of India (1997) is the leading case on judicial review of tribunal decisions.
• Union of India v. Madras Bar Association (2010) is important for understanding tribunal independence and institutional design.

Conclusion

The composition of administrative tribunals is designed to combine judicial expertise with administrative experience. Under the Administrative Tribunals Act, 1985, the basic structure consists of a Chairperson, Judicial Members and Administrative Members, functioning through specialised benches.

The composition of a tribunal is important not merely for administrative convenience but also for ensuring competence, impartiality and institutional independence. At the same time, tribunals remain part of the broader constitutional system in which judicial review by the High Courts and Supreme Court continues to operate.