Tribunals

Why in news?

The discord between Supreme Court (SC) and the Centre regarding the functioning, appointments, and independence of tribunals meant to reduce the burden on regular courts.

• Tribunal is a quasi-judicial body that deals with the resolution of disputes pertaining to administration, taxation, environment, securities, etc.
• Objective – To reduce case load of the judiciary or to bring in subject expertise for technical matters.

Tribunals were not mentioned in the original constitution.

Key Characteristics

• Creation – Under the Part XIV-A by the 42^nd constitutional amendment act, 1976.
  • Article 323A - Empowered Parliament to constitute administrative Tribunals (both at central and state level) for adjudication of matters related to recruitment and conditions of service of public servants. 
  • Article 323B - Specified certain subjects (such as taxation and land reforms) for which Parliament or state legislatures may constitute tribunals by enacting a law. 
• Function – They exercise judicial power to determine claims or disputes and are bound by principles of natural justice, though not always by the strict rules of evidence and procedure found in civil courts.
• Composition – Benches often include a mix of judicial members (retired high court judges or legal professionals) and technical or administrative experts to ensure specialized knowledge in the relevant field.
• Other Legal provisions -
  • Administrative Tribunals Act, 1985 – In relation to Article 323 A, empowers the Central government to establish the Central Administrative Tribunal & state-level administrative tribunals.
  • Tribunals Reforms Act, 2021 – Consolidated various tribunal laws and restructured the tribunal system.

Key differences from courts

• Procedural rules – Tribunals are not bound by the strict procedures of the Civil Procedure Code, unlike regular courts.
• Independence – While they are judicial or quasi-judicial bodies, they may have less full independence and procedural rigor compared to traditional courts.

Currently, tribunals have been created both as substitutes to High Courts and as subordinate to High Courts.

• Structure – They can consist of a single person or multiple members, and members may include lawyers and non-lawyers.

Quick Fact

References

1. Indian Express | Discord between SC and the Centre over tribunals
2. PRS India | Tribunal System in India