Report No. 272

Chapter - V

Uniformity in Appointment, Qualifications, Tenure and Conditions of Service

5.1. Tribunals have been established with the object of discharging quasi-judicial duties by acting judicially which differentiates them from other administrative bodies. A Tribunal is neither a Court nor an executive body, but they have an obligation to act judicially.71 Tribunals are endowed with the judicial functions as distinguished from purely administrative or executive functions. Thus, for the efficient and effective working of these Tribunals, persons who have served in the higher judiciary should be appointed in accordance with the principles laid down by the Constitutional Courts.72

71 Supra Note 2 at 279.

72 Bharat Bank Ltd., Delhi v. Employees of the Bharat Bank Ltd., Delhi, AIR 1950 SC 188.

5.2. As a quasi-judicial body, the Tribunal performs the judicial functions for deciding the matters in a judicious manner. It is not bound by law to observe all the technicalities, complexities, refinements, discriminations, and restrictions that are applicable to the courts of record in conducting trials, but at the same time, a Tribunal is required to look at all matters from the standpoint of substance as well as form and be certain that the hearing is conducted and the matter is disposed of with fairness, honesty, and impartiality.73

73 Mc. Mohan, Omar T., "A Fair Trial before quasi-judicial Tribunals as required by due process" 29 MLR 105 (1946).