What is the Difference Between Court and Administrative Tribunal?

Adjudicating bodies include administrative tribunals and regular courts. Both administrative tribunals and ordinary courts handle and resolve conflicts between parties. This has an impact on the subjects' rights. Administration Tribunal, however, is not a court. The following are some key distinctions between a court and an administrative tribunal.

Difference Between Court and Administrative Tribunal

An administrative tribunal is an organization established by statute and endowed with judicial power, whereas a court of law is a component of the traditional judicial system in which judicial powers are acquired from the state. Unless the cognizance is expressly or implicitly barred, the Civil Courts have the authority to hear any civil cases. The quasi-judicial body is also known as the tribunal. Tribunals have the authority to hear cases involving unique issues that are granted to them by statutes. 

Here are the key differences between court and administrative tribunal:

Court

Administrative Tribunal

In terms of their tenure, terms, and conditions of service, etc., judges of the ordinary courts of law are independent of the executive. Judicial branch is separate from Executive.

The Executive, such as the government, is solely responsible for setting the members of the administrative tribunal's tenure, terms, and conditions of service.

The judge who preside over a court of law has legal training.

It's possible that the tribunal's president or a member lacks legal training. He might be knowledgeable about administrative issues.

A judge in a court of law must be neutral and have no direct or indirect financial stake in the outcome.

A dispute that an administrative tribunal will decide on may have one or more parties to it.

All the laws governing process and evidence apply to a court of law.

An administrative tribunal is governed by the fundamental principles of justice rather than by rules.

On the basis of the evidence and materials in the record, the court must decide every issue impartially.

The administrative tribunal can make decisions. The judgement of the administrative tribunal may become subjective rather than objective by taking into account departmental policy.

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FAQs

  • Judges of the regular courts of law are independent of the executive in terms of their tenure, terms, and conditions of service, etc. Although the Executive, such as the government, is separate from the Judicial branch, it is entirely responsible for determining the terms and conditions of employment for members of the administrative tribunal.

  • The administrative tribunal can make decisions, but the court must render impartial judgments based solely on the evidence and materials in the record. By considering departmental policy, the administrative tribunal's decision may become subjective rather than objective.

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