Section 5 of the Administrative Tribunals Act, 1985: Composition of Tribunals and Benches
Section 5 explains how an Administrative Tribunal and its Benches are constituted, the ordinary two-member Bench structure, the Chairman's powers regarding Members and Benches, the circumstances in which a single Member may sit, and the places where Benches ordinarily sit.
Legal source checked against the official India Code text and the official Central Administrative Tribunal website. Page reviewed: September 14, 2026.
- A Tribunal consists of a Chairman and such number of Judicial Members and Administrative Members as the appropriate Government considers fit.
- Subject to the Act, an ordinary Bench consists of one Judicial Member and one Administrative Member.
- The Chairman may transfer Members, authorise Members to perform functions at another Bench, and constitute a larger Bench where required.
- A Chairman or an authorised Member may function as a single-member Bench for classes of cases specified by general or special order.
- The Principal Bench of the Central Administrative Tribunal is at New Delhi.
What does Section 5 mean?
Section 5 is the principal provision governing the composition of Administrative Tribunals and their Benches. In simple terms, it identifies who forms the Tribunal and how its judicial work may be assigned to different Benches.
The expression Judicial Member refers to a Member appointed in the judicial category under the Act and the applicable appointment framework. An Administrative Member is a Member appointed in the administrative category. Section 5(2) adopts a mixed Bench model by providing, subject to the other provisions of the Act, for one Judicial Member and one Administrative Member.
The Act must be read together with other applicable provisions governing appointments and service conditions, including the provisions introduced or affected by later tribunal reforms. Section 5 itself continues to govern Bench composition and allocation of functions.
Section 5 - Statutory text
(1) Each Tribunal shall consist of a Chairman and such number of Judicial and Administrative Members as the appropriate Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Tribunal may be exercised by Benches thereof.
(2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one Administrative Member.
(3) Omitted.
(4) Notwithstanding anything contained in sub-section (1), the Chairman—
(a) may, in addition to discharging the functions of the Judicial Member or the Administrative Member of the Bench to which he is appointed, discharge the functions of the Judicial Member or, as the case may be, the Administrative Member, of any other Bench;
(b) may transfer a Member from one Bench to another Bench;
(c) may authorise the Judicial Member or the Administrative Member appointed to one Bench to discharge also the functions of the Judicial Member or the Administrative Member, as the case may be, of another Bench; and
(d) may, for the purpose of securing that any case or cases which, having regard to the nature of the questions involved, requires or require, in his opinion or under the rules made by the Central Government in this behalf, to be decided by a Bench composed of more than two Members, issue such general or special orders as he may deem fit.
Proviso: Every Bench constituted in pursuance of clause (d) shall include at least one Judicial Member and one Administrative Member.
(5) Omitted.
(6) Notwithstanding anything contained in the foregoing provisions of this section, it shall be competent for the Chairman or any other Member authorised by the Chairman in this behalf to function as a Bench consisting of a single Member and exercise the jurisdiction, powers and authority of the Tribunal in respect of such classes of cases or such matters pertaining to such classes of cases as the Chairman may by general or special order specify.
Proviso: If at any stage of the hearing it appears to the Chairman or such Member that the case or matter ought to be heard by a Bench consisting of two Members, the case or matter may be transferred by the Chairman or referred to him for transfer to such Bench as the Chairman may deem fit.
(7) Subject to the other provisions of this Act, the Benches of the Central Administrative Tribunal shall ordinarily sit at New Delhi, which is known as the Principal Bench, Allahabad, Calcutta, Madras, New Bombay and at such other places as the Central Government may, by notification, specify.
(8) Subject to the other provisions of this Act, the places at which the Principal Bench and other Benches of a State Administrative Tribunal shall ordinarily sit shall be such as the State Government may, by notification, specify.
Note on statutory wording: Sub-sections (3) and (5) were omitted by the 1986 amendment. The official consolidated text also reflects later substitutions, including removal of the Vice-Chairman reference from Section 5. The place names in sub-section (7) are reproduced in their statutory form. The current CAT website uses present-day bench names such as Kolkata, Chennai and Mumbai.
Ordinary two-member Bench under Section 5(2)
Section 5(2) states the ordinary composition rule: one Judicial Member and one Administrative Member. The provision is expressly made subject to the other provisions of the Act, which is important because Section 5 itself permits single-member Benches for specified classes of cases and larger Benches where the Chairman considers them necessary.
Chairman's powers under Section 5(4)
Section 5(4) gives the Chairman administrative authority to organise the functioning of Benches. This includes assigning a Member to functions at another Bench, transferring a Member from one Bench to another, and constituting a Bench of more than two Members where the nature of the questions involved requires it or where rules of the Central Government so require.
A larger Bench constituted under clause (d) must include at least one Judicial Member and one Administrative Member.
Single-member Bench under Section 5(6)
Section 5(6) is an exception to the ordinary two-member structure. It permits the Chairman, or another Member authorised by the Chairman, to sit as a single-member Bench for classes of cases or matters specified by general or special order.
If the matter is considered suitable for a two-member Bench at any stage, it may be transferred or referred to the Chairman for transfer. A party should therefore check the current CAT roster, Bench orders and applicable practice directions when determining how a particular matter is listed.
Principal Bench and other CAT Benches
Section 5(7) names New Delhi as the Principal Bench and permits the Central Government to specify other places by notification. The Central Administrative Tribunal currently publishes its operational Bench list, bench-wise jurisdiction and case-management services on its official portal.
Because the statutory provision uses historical place names such as Calcutta, Madras and New Bombay, readers should use the current official CAT Bench list for present-day filing and jurisdiction information.
Related provisions
Section 5 should be read with Section 4 on establishment of Administrative Tribunals, Section 6 on qualifications for appointment, Section 14 on CAT jurisdiction, Section 18 on distribution of business among Benches, Section 19 on applications to Tribunals and Section 20 on exhaustion of other remedies.