Section 32 of the Administrative Tribunals Act, 1985 - Protection of Action Taken in Good Faith
Section 32 of the Administrative Tribunals Act, 1985 provides statutory protection against suits, prosecutions and other legal proceedings for specified acts done, or intended to be done, in good faith under the Act, or under a rule or order made under it.
The protection is linked to good faith and to action taken in pursuance of the Administrative Tribunals Act, 1985, its rules or orders. It covers the Central or State Government, the Chairman or other Member of a Central, Joint or State Administrative Tribunal, and persons authorised by the Chairman or another Member.
Text of Section 32: Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Central or State Government or against the Chairman, or other Member of any Central or Joint or State Administrative Tribunal, or any other person authorised by such Chairman or other Member for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
The current statutory text no longer contains the former reference to the Vice-Chairman. That expression was omitted by the Administrative Tribunals (Amendment) Act, 2006, with effect from 19 February 2007.
What does Section 32 mean?
Section 32 is an immunity provision. Its purpose is to protect specified Governments, Tribunal office-holders and authorised persons from legal proceedings when the act complained of was honestly done, or honestly intended to be done, in exercise of authority under the Administrative Tribunals Act, 1985, or under rules or orders made under that Act.
The section does not create a general exemption from legal accountability. The statutory connection with the Act, its rules or its orders, and the requirement of good faith, are central to the protection.
Meaning of "good faith"
The Administrative Tribunals Act, 1985 does not separately define the expression "good faith." Section 3(22) of the General Clauses Act, 1897 provides the general definition applicable to Central Acts, unless the subject or context requires otherwise. Under that provision, an act is treated as done in good faith when it is in fact done honestly, whether it is done negligently or not.
The protection in Section 32 therefore turns on the nature, authority and bona fides of the impugned act. Whether the protection applies in a particular dispute may depend on the facts, the statutory source of the action and the relief claimed.
Who is protected under Section 32?
- The Central Government.
- A State Government.
- The Chairman of a Central, Joint or State Administrative Tribunal.
- Any other Member of such a Tribunal.
- A person authorised by the Chairman or another Member.
What kind of proceedings are covered?
Section 32 uses broad language covering a "suit, prosecution or other legal proceeding." However, the statutory bar applies only where the subject action was done or intended to be done in good faith in pursuance of the Act, or a rule or order made under it.
Relationship with the Administrative Tribunals Act, 1985
The Administrative Tribunals Act, 1985 was enacted pursuant to Article 323A of the Constitution of India to provide for adjudication or trial by Administrative Tribunals of specified disputes and complaints concerning recruitment and conditions of service. Section 32 appears in the miscellaneous provisions of the Act and operates as a protection clause for good-faith statutory action.
Official legal resources
For the current Act text and Tribunal information, refer to the official India Code page for the Administrative Tribunals Act, 1985, the Central Administrative Tribunal page containing the Administrative Tribunals Act, and the official Central Administrative Tribunal website.
To search Tribunal decisions, use the official CAT Judgments portal.
Last reviewed and updated: 14 September 2026.