Section 23 of the Administrative Tribunals Act, 1985: Right to Legal Assistance and Presenting Officers

Section 23 of the Administrative Tribunals Act, 1985 deals with representation before an Administrative Tribunal. It allows an applicant to appear personally or to take the assistance of a legal practitioner of his or her choice. It also enables the concerned Government, authority, corporation or society to authorize legal practitioners or officers to act as presenting officers.

Section 23: Right of applicant to take assistance of legal practitioner and of Government, etc., to appoint presenting officers

Sub-section (1): A person making an application to a Tribunal under the Act may either appear in person or take the assistance of a legal practitioner of his or her choice to present the case before the Tribunal.

Sub-section (2): The Central Government, a State Government, or a local or other authority, corporation or society to which Section 14(3) or Section 15(3) applies may authorize one or more legal practitioners or any of its officers to act as presenting officers, and a person so authorized may present its case in an application before the Tribunal.

What Section 23 means

Section 23 creates a clear statutory framework for representation before Administrative Tribunals. An applicant is not compelled to argue the case personally. The applicant may engage a legal practitioner of choice, subject to the applicable procedural rules and directions of the Tribunal.

On the respondent side, the provision recognizes that Government departments and specified public bodies may be represented through authorized legal practitioners or departmental officers acting as presenting officers.

Who can take assistance of a legal practitioner?

Any person who makes an application to a Tribunal under the Administrative Tribunals Act, 1985 may appear in person or take assistance from a legal practitioner of his or her choice. This is the principal right conferred by Section 23(1).

Who may be appointed as a presenting officer?

Under Section 23(2), the relevant Government, local or other authority, corporation or society may authorize one or more legal practitioners or any of its officers to act as presenting officers where the provisions of Section 14(3) or Section 15(3) apply.

Connection with Sections 14(3) and 15(3)

Section 14 concerns the jurisdiction, powers and authority of the Central Administrative Tribunal, while Section 15 concerns the corresponding jurisdiction of State Administrative Tribunals. Their respective sub-section (3) provisions extend Tribunal jurisdiction, in the circumstances specified by the Act, to certain local or other authorities, corporations or societies. Section 23(2) therefore permits those covered bodies to appoint authorized representatives for Tribunal proceedings.

Practical effect of Section 23

  • An applicant may argue the matter personally before the Tribunal.
  • An applicant may engage a legal practitioner of choice.
  • The Government or other covered public body may authorize legal practitioners as presenting officers.
  • The Government or covered public body may also authorize its own officers to act as presenting officers.
  • The provision supports orderly representation of both applicants and respondent authorities before the Tribunal.
Legal note: This page is an explanatory summary of Section 23. For filing, representation, limitation, procedure, fees and other case-specific requirements, the Administrative Tribunals Act, applicable rules, CAT practice directions and current Tribunal orders should also be checked.

Related provisions

For a fuller understanding of proceedings before Administrative Tribunals, see the related provisions on limitation, Tribunal procedure and powers, interim orders, transfer of cases, majority decisions and execution of Tribunal orders.