Core demand of the Question
- Need of Administrative Tribunals vs. Court System
- Positive Impact of 2021 Tribunal Reforms
- Negative impact (limitations) of 2021 Tribunal Reforms
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Introduction
Administrative tribunals, enabled by Articles 323A and 323B, provide speedy, specialised, and affordable justice in technical matters while reducing the load on regular courts. The 2021 Tribunals Reforms Act merged several appellate bodies, shifted appeals to High Courts, and reset appointments and tenure, drawing judicial scrutiny over tribunal independence.
Body:
Need of Administrative Tribunals vs. Court System
- Specialised Expertise: Tribunals handle technical matters (taxation, environment, service disputes) with domain experts, unlike traditional courts.
Eg: The National Green Tribunal for complex environmental cases.
- Speedy Justice: Reduce backlog in regular courts by providing quicker adjudication in specialised areas.
Eg: ITAT (Income Tax Appellate Tribunal) has delivered accessible tax adjudication since 1941 with the motto “Nishpaksh Sulabh Satvar Nyay”
- Cost-Effective & Accessible: Simplified procedures make justice more affordable and less formal than traditional courts.
- Relieves Higher Judiciary: Diverts routine service and regulatory disputes away from High Courts/Supreme Court, allowing them to focus on constitutional matters.
The Tribunals Reforms Act, 2021 dissolved several existing tribunals and transferred their functions to High Courts and other bodies, aiming to streamline justice delivery but criticized for reducing tribunal independence and accessibility.
Positive Impact of 2021 Tribunal Reforms
- Rationalisation: Merged smaller tribunals into larger ones, reducing fragmentation and overlapping jurisdictions.
- Streamlined Appeals: Transferred appeals to High Courts, creating uniformity and reducing forum-shopping.
- Efficiency: Fewer tribunals means better resource allocation, staffing, and financial management.
- Transparency: Appointment process placed under a Search-cum-Selection Committee with judicial oversight.
Negative impact (limitations) of 2021 Tribunal Reforms
- Overburdening High Courts: Shifting appeals to High Courts risks adding to their pendency.
- Dilution of Expertise: Abolition of subject-specific tribunals may compromise specialised adjudication.
- Concerns on Independence: Short tenure of members (4 years) and executive control over service conditions raise issues of autonomy.
- Accessibility Issues: Closure/merger of local tribunals reduces easy access for litigants, especially in remote areas.
Conclusion
Administrative tribunals are needed for faster and simpler decisions in technical disputes. The 2021 changes reduced many small tribunals and moved cases to regular courts, which improves clarity but risks losing specialization and adding work to high courts.