Section 26 of the Administrative Tribunals Act, 1985 - Decision to be by Majority
Section 26 explains how a Bench of an Administrative Tribunal decides a point when its Members differ in opinion. The ordinary rule is decision by majority. If the Members are equally divided, the disputed point or points must be referred through the Chairman for further hearing so that a majority view can emerge.
Text of Section 26 - Decision to be by Majority
Section 26. Decision to be by majority. If the Members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority, but if the Members are equally divided, they shall state the point or points on which they differ, and make a reference to the Chairman who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Tribunal and such point or points shall be decided according to the opinion of the majority of the Members of the Tribunal who have heard the case, including those who first heard it.
Meaning and Scope of Section 26
The provision deals with disagreement among Members of a Tribunal Bench on a point that requires decision. It does not prescribe the substantive result of the dispute. Instead, it provides the method by which the Tribunal reaches a binding view when the Members who heard the matter are not unanimous.
1. Majority opinion governs where a majority exists
If the Members differ but one view commands a majority, the disputed point is decided according to that majority opinion. The provision therefore recognizes collective adjudication while ensuring that disagreement does not prevent a decision.
2. Equal division requires the points of difference to be stated
If the Members are equally divided, they must identify the specific point or points on which they differ. The statutory process is directed to those points of difference rather than requiring the entire matter to be reheard automatically.
3. Reference is made to the Chairman
The divided Bench refers the identified point or points to the Chairman. The Chairman may hear them personally or refer them for hearing by one or more other Members of the Tribunal.
4. Final view is determined by the majority of all Members who heard the point
After the further hearing, the point or points are decided according to the majority opinion of the Members who have heard the matter, expressly including the Members who heard it initially.
How Section 26 Operates
| Situation | Statutory consequence |
|---|---|
| Members differ, but one opinion has a majority | The point is decided according to the majority opinion. |
| Members are equally divided | The Members state the point or points of difference and refer them to the Chairman. |
| Reference reaches the Chairman | The Chairman may hear the point personally or refer it to one or more other Members. |
| Further hearing is completed | The majority of all Members who heard the point, including the original Members, determines the point. |
Why Section 26 is Important
- It gives a clear statutory method for resolving a divided Bench.
- It preserves the opinions of the Members who originally heard the matter.
- It confines the reference to the identified point or points of disagreement.
- It allows the adjudicatory process to reach a majority decision rather than ending in a deadlock.
Administrative Tribunals Act, 1985 - Context
The Administrative Tribunals Act, 1985 is Act No. 13 of 1985. It was enacted to provide for adjudication or trial by Administrative Tribunals of disputes and complaints relating to recruitment and conditions of service in the public services and posts covered by the Act. The Act operates in the constitutional framework of Article 323A.
Official Legal Resources
For the current official text and Tribunal services, readers may verify the provision through the Government sources below:
- India Code - Administrative Tribunals Act, 1985
- Central Administrative Tribunal - Official Website
- Central Administrative Tribunal - e-Filing and Case Services
Related Provisions
Section 26 should be read with the surrounding provisions governing procedure, transfer and execution of Tribunal matters. The related internal links are retained in the sidebar for convenient navigation.
Last reviewed: 14 September 2026. Readers should verify the latest statutory text, amendments and applicable judicial decisions before relying on this page for a particular proceeding.