Section 23 of The Administrative Tribunals Act, 1985
- (1)A person making an application to a Tribunal under this Act may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Tribunal.
- (2)The Central Government or a State Government or a local or other authority or corporation 1[or society], to which the provisions of sub-section (3) of section 14 or sub-section (3) of section 15 apply, 2[may authorise one or more legal practitioners or any of its officers to act as presenting officers and every person so authorised by it may present its case with respect to any application before a Tribunal.]
Summary
- An individual making an application to a Tribunal has the right to choose how they are represented in court.
- The applicant can either stand before the Tribunal and present their own case personally.
- Alternatively, the applicant can hire a legal practitioner, such as a lawyer, of their own choice to help them.
- The Government or local authorities can also appoint people called presenting officers to act on their behalf.
- These presenting officers can be either trained legal practitioners or officers from within the government department or authority.
- This rule applies to cases involving the Central Government, State Governments, and certain corporations or societies under their control.
Practical examples
FAQ
1. Does the government have to hire an outside lawyer for every case?
No, the government can choose to use one of its own officers as a presenting officer to handle the case.
2. Who pays for the legal practitioner I choose?
Since the law allows you to choose a practitioner of your choice, you are generally responsible for their fees and arrangements.
Test yourself
Q1.Under Section 23 of The Administrative Tribunals Act, 1985, who has the right to choose a legal practitioner to assist them?
Q2.According to Section 23 of The Administrative Tribunals Act, 1985, what is a presenting officer?
Q3.Under Section 23 of The Administrative Tribunals Act, 1985, can a government department use one of its own employees to argue its case?
Q4.If a local authority is brought to the Tribunal under Section 14(3) or 15(3), what does Section 23 of The Administrative Tribunals Act, 1985, allow them to do?