Amendments to the Administrative Tribunals Act, 1985

for Cabinet Committee Decisions | Date - 27-01-2005


Union Cabinet today gave its approval for amendments to the Administrative Tribunals Act, 1985 for deletion of Tribunals’ power to punish for contempt provided under Section 17. A Bill, namely, the Administrative Tribunals (Amendment) Bill, 2004 shall be introduced in the ensuing session of Parliament.

The power of a Court to punish for contempt of itself is limited to the Supreme Court and the High Courts as well as to Parliament and State Legislatures, and such power is not enjoyed by any other Court, Tribunal or Authority. The CAT will, however, be able to invoke power to punish for contempt through the concerned High Court, in accordance with the Contempt of Courts Act, 1971.

The question of giving powers to punish for contempt to the Tribunals was considered by the National Commission to Review the Working of the Constitution, and the Commission has not favoured the conferring of such powers on the Tribunals. There are certain Tribunals like Income-tax Appellate Tribunal, Customs, Excise and Service Tax Appellate Tribunals etc., which have not been given power to punish for contempt. The power to punish for contempt of such Tribunals are exercised by the High Courts, as also the Supreme Court.
(Release ID :6772)

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