The Supreme Court has clarified that tribunals functioning under the strict parameters of their governing legislations cannot direct the government to make policy.
- Making policy, as is well recognised, is not in the domain of the judiciary.
- The Tribunal is also a quasi-judicial body, functioning within the parameters set out in the governing legislation. It cannot direct those responsible for making policy, to make a policy in a particular manner.
- The Apex court was dealing with a question on whether the Armed Forces Tribunal (AFT) could have directed the government to make a policy to fill up the post of the Judge Advocate General (Air).
- The bench noted that the AFT was vested with the powers of a civil court. The Tribunal did not have the powers of the Supreme Court or the High Courts. Even the High Courts cannot, in exercise of the powers under Article 226 of the Constitution, direct the government or a department to formulate a particular policy.
About tribunal
- Tribunals are judicial or quasi-judicial institutions established by law.
- In 1976, Articles 323A and 323B were inserted in the Constitution of India through the 42nd Amendment.
- Article 323A empowered Parliament to constitute administrative Tribunals (both at central and state level) for adjudication of matters related to recruitment and conditions of service of public servants.
- Article 323B specified certain subjects for which Parliament or state legislatures may constitute tribunals by enacting a law.
- Currently, tribunals have been created both as substitutes to High Courts and as subordinate to High Courts