About:
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- The 42nd Amendment Act 1976 added a new Part XIV-A entitled ‘Tribunals’ to the Constitution.
- It consists of two Articles- Article 323A and Article 323B.
- CAT was established by Administrative Tribunals Act in 1985.
- It aims to provide speedy and cost-effective justice to government employees regarding their service matters, and reducing the burden of courts.
Positive working:
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- Speedy resolution of disputes- The disposal rate by CAT, on average, has been above 90 per cent, as recently reported by Union minister.
- Cost-effective- Lower fees compared to regular courts makes justice more accessible.
- Specialization and expertise
- Reduced burden on judiciary- 366879 cases have been disposed by CAT till now
- Flexibility in Procedure– Operate under the principles of natural justice rather than the rigid procedures of the Civil Procedure Code, 1908.
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Some landmark cases by CAT which highlight its positive working include: Ø The CAT, Hyderabad bench, has recently overturned the suspension of an IPS Officer of Andhra Pradesh cadre, directing the government and concerned authorities to reinstate him with immediate effect, along with full pay and allowances. Ø CAT, Jabalpur directed the West Central Railway to pay overtime to operators as per Factories Act, 1948. Ø A division bench of the CAT, Hyderabad, has imposed a fine of Rs 50,000 on a retired IPS officer and assistant professor for ‘abusing’ the legal process by repeatedly challenging his transfer. Ø In 2023, the Mumbai bench of CAT, ordered the cancellation of candidature of Puja Khedkar for Civil Services Examination 2021 because of her failure to appear for the medical examination that is mandatory for joining the All-India Services. |
Challenges:
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- Backlog of cases- Pendency of more than 1 lakh cases before CAT
- Vacancies- Several benches operating with 50% of the sanctioned strength (Parliamentary committee report)
- Administrative and Infrastructure Inefficiencies- lack of sufficient courtrooms, support staff, and technological resources, hampers smooth functioning
- Quality of judgement- criticized for inconsistent and biased decisions across its benches, which create confusion and undermine its credibility.
- In 2021, Calcutta High Court set aside the impugned case transfer order passed by the principal bench of the CAT against former Bengal Chief Secretary.
- Independence- Allegations of political interference and lack of autonomy in deciding its day-to-day administration
Way forward:
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- Madras Bar Association in 2021challenged the Tribunal Reforms Act and called for reforms in administrative tribunals like CAT.
- Supreme Court recently remarked that Tribunal should not function as a wing of the executive.
- Enhance infrastructure by establishing more benches across the country
- The Delhi High Court has said the CAT “ordinarily should” endeavor to examine a case on merits rather than dismissing the same on technicalities.
- Implement e-filing and digital case management systems
