Revisiting the administrative tribunal law

In administrative law, a ‘Tribunal’ is defined as an adjudicating authority that is neither a court nor an executive department. Rather, it is conferred with some judicial powers to resolve special disputes under certain special laws. In short, an administrative tribunal is a form of tribunal that uses judicial or quasi-judicial powers to settle disputes related to the terms and conditions of service of persons in the service of the Republic or of any statutory public authority.

Article 117(1) of the Constitution of Bangladesh enables the Parliament to make laws for the establishment of one or more administrative tribunals. Pursuant to this constitutional provision, the relevant provisions of the Administrative Tribunals Act, 1980 (the ‘Act’) empower the Government to establish one or more administrative tribunals by notification in the Official Gazette. Additionally, to facilitate the effective functioning of administrative tribunals, under section 12(1) of the Act, the Government has framed the Administrative Tribunals Rules, 1982.

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The administrative tribunal in Bangladesh functions as a specialised forum for quick and affordable resolution of civil service disputes. In our country, the right to seek relief before an administrative tribunal is limited to individuals employed in the service of the Republic or any statutory public authority. However, an aggrieved person must satisfy certain conditions before approaching the tribunal. Firstly, all remedies available under the relevant service laws must be exhausted. Secondly, the applicant must have a locus standi, that is, a direct and legitimate interest in the matter.

Section 3(3) of the 1980 Act states that administrative tribunals in Bangladesh are composed of a single member judge. Again, this member is appointed by the Government from among persons who are or have been District Judges. However, the law gives the government broad discretion in making these appointments without laying down explicit merit-based criteria or specific qualifications. It is important to note that the government itself is often a party to cases before these tribunals. So, naturally, it raises questions of impartiality. For fair justice, I propose amending the Act so that only the most competent, experienced, and impartial Judges can be appointed. In the same way, since the tribunal currently consists of a single judge only, its authority to function in benches may also be considered to ensure fairer and more effective dispensation of justice.

Next, the administrative tribunals in Bangladesh have no power to grant stay or injunction as an ad-interim measure. Since this power is very essential for proper dispensation of Justice, the Act should be amended to confer such powers upon the tribunal.

Moreover, the law provides that the terms and conditions of service of tribunal members shall be determined by the Government. However, the Government, in pursuance of the provisions of section 3(4) of the Act, has not yet formulated and adopted any separate Rules concerning the terms and conditions of the members of administrative tribunals.

Currently, the members of the administrative tribunals in Bangladesh have no terms of office fixed for a number of years or until a certain date of retirement. As a result, the Government enjoys full authority and discretion over these matters. Consequently, the members of the tribunals must rely on the executive’s discretion for the duration of their tenure, which undermines their personal independence.

Furthermore, a public service litigant can only prefer an appeal against an order or decision of an administrative tribunal. Thus, he is deprived of other remedies, such as review. This also points towards another need for amendment to the law. Finally, given the increasing number of cases and the delays in their disposal, more administrative tribunals should be established to ensure the speedy dispensation of justice.

In sum, it is true that administrative tribunals are essential to ensure speedy and fair justice. However, for effective functioning of the tribunals, the shortcomings identified in this write-up should be addressed urgently.

The writer is an Advocate enrolled with the Bangladesh Bar Council and a law graduate of the University of Dhaka.