Administrative Tribunals Act, 1985

Section 4 of the Administrative Tribunals Act, 1985: Establishment of Administrative Tribunals

Section 4 provides the statutory mechanism for establishing the Central Administrative Tribunal, State Administrative Tribunals and Joint Administrative Tribunals. It also permits, in specified circumstances, members of a State Tribunal or the Central Administrative Tribunal to be designated to exercise functions of the other Tribunal.

Updated: 14 September 2026

What does Section 4 provide?

Chapter II of the Administrative Tribunals Act, 1985 deals with the establishment of Tribunals and their Benches. Section 4 is the principal provision governing how the Central Government establishes the Central Administrative Tribunal, a State Administrative Tribunal or a Joint Administrative Tribunal.

Meaning in simple terms: Section 4 authorises the Central Government to establish the Central Administrative Tribunal by notification. It also provides a procedure for establishing a State Administrative Tribunal on a State Government request, and a Joint Administrative Tribunal where two or more States agree to use the same Tribunal.

Section 4 - Establishment of Administrative Tribunals

(1) The Central Government shall, by notification, establish an Administrative Tribunal, to be known as the Central Administrative Tribunal, to exercise the jurisdiction, powers and authority conferred on the Central Administrative Tribunal by or under this Act.

(2) The Central Government may, on receipt of a request in this behalf from any State Government, establish, by notification, an Administrative Tribunal for the State to be known as the .......... (name of the State) Administrative Tribunal to exercise the jurisdiction, powers and authority conferred on the Administrative Tribunal for the State by or under this Act.

(3) Two or more States may, notwithstanding anything contained in sub-section (2) and notwithstanding that any or all of those States has or have Tribunals established under that sub-section, enter into an agreement that the same Administrative Tribunal shall be the Administrative Tribunal for each of the States participating in the agreement, and if the agreement is approved by the Central Government and published in the Gazette of India and the Official Gazette of each of those States, the Central Government may, by notification, establish a Joint Administrative Tribunal to exercise the jurisdiction, powers and authority conferred on the Administrative Tribunals for those States by or under this Act.

(4) An agreement under sub-section (3) shall contain provisions as to the name of the Joint Administrative Tribunal, the manner in which the participating States may be associated in the selection of the Chairman and other Members of the Joint Administrative Tribunal, the places at which the Bench or Benches of the Tribunal shall sit, the apportionment among the participating States of the expenditure in connection with the Joint Administrative Tribunal and may also contain such other supplemental, incidental and consequential provisions not inconsistent with this Act as may be deemed necessary or expedient for giving effect to the agreement.

(5) Notwithstanding anything contained in the foregoing provisions of this section or sub-section (1) of section 5, the Central Government may,-

(a) with the concurrence of any State Government, designate, by notification, all or any of the Members of the Bench or Benches of the State Administrative Tribunal established for that State under sub-section (2) as Members of the Bench or Benches of the Central Administrative Tribunal in respect of that State and the same shall exercise the jurisdiction, powers and authority conferred on the Central Administrative Tribunal by or under this Act;

(b) on receipt of a request in this behalf from any State Government, designate, by notification, all or any of the Members of the Bench or Benches of the Central Administrative Tribunal functioning in that State as the Members of the Bench or Benches of the State Administrative Tribunal for that State and the same shall exercise the jurisdiction, powers and authority conferred on the Administrative Tribunal for that State by or under this Act,

and upon such designation, the Bench or Benches of the State Administrative Tribunal or, as the case may be, the Bench or Benches of the Central Administrative Tribunal shall be deemed, in all respects, to be the Central Administrative Tribunal, or the State Administrative Tribunal for that State established under the provisions of article 323A of the Constitution and this Act.

(6) Every notification under sub-section (5) shall also provide for the apportionment between the State concerned and the Central Government of the expenditure in connection with the Members common to the Central Administrative Tribunal and the State Administrative Tribunal and such other incidental and consequential provisions not inconsistent with this Act as may be deemed necessary or expedient.

Key points under Section 4

  • Central Administrative Tribunal: The Central Government is required to establish the Central Administrative Tribunal by notification.
  • State Administrative Tribunal: A State Tribunal may be established by the Central Government after receiving a request from the State Government.
  • Joint Administrative Tribunal: Two or more States may agree to have a common Tribunal, subject to Central Government approval and publication requirements.
  • Joint Tribunal agreement: The agreement must address matters including the Tribunal's name, selection of the Chairman and other Members, sitting places and sharing of expenditure.
  • Cross-designation of Members: Sub-section (5) permits designated Members of a State Tribunal to function as Members of CAT, or CAT Members to function as Members of the State Tribunal, subject to the statutory conditions.
  • Sharing of expenditure: A notification under sub-section (5) must address expenditure relating to Members common to both Tribunals.

Constitutional basis: Article 323A

Article 323A of the Constitution enables Parliament to provide by law for administrative tribunals dealing with disputes and complaints concerning recruitment and conditions of service in public services and posts covered by that constitutional provision. The Administrative Tribunals Act, 1985 was enacted in pursuance of Article 323A.

Legislative note: Sub-sections (5) and (6) were inserted by the Administrative Tribunals (Amendment) Act, 1986 with retrospective effect from 22 January 1986. In sub-section (4), the expression referring to selection of the "Chairman and other Members" reflects the amendment brought into force in 2007.

Official legal resources

For the authoritative Act text, amendments, notifications and current Tribunal information, refer to the official Government sources below: