Answer:
| Approach:
Introduction
- Introduce the concept of tribunals in India and their role in the judicial system.
Body
- Discuss the extent to which tribunals curtail the jurisdiction of ordinary courts and examine the constitutional validity and competency of tribunals in India.
Conclusion
- Summarize the importance of tribunals in the Indian judicial system and the need for maintaining a balance between the jurisdiction of tribunals and ordinary courts.
|
Introduction:
Tribunals in India are specialized quasi-judicial bodies under Article 323A and 323B, established to adjudicate disputes in specific areas, such as tax, environment, and labor. They aim to provide efficient, cost-effective, and expert resolution of disputes, thereby reducing the burden on ordinary courts.
Body:
Extent to which tribunals curtail the jurisdiction of ordinary courts:
- Specialized jurisdiction: Tribunals focus on specific subject matters, which allows them to handle disputes that would otherwise fall within the jurisdiction of ordinary courts.
- Exclusive jurisdiction: In some cases, tribunals have exclusive jurisdiction over certain disputes, restricting the role of ordinary courts in such matters.
- Limited appellate jurisdiction: Appeals against the decisions of tribunals usually lie with higher tribunals or the High Courts, further limiting the jurisdiction of ordinary courts.
However, tribunals do not entirely curtail the jurisdiction of ordinary courts:
- Constitutional safeguard: The Constitution of India guarantees the right to approach the High Courts and the Supreme Court for the enforcement of fundamental rights, ensuring that ordinary courts retain an essential role in the judicial system.
- Judicial review: Decisions of tribunals can still be challenged in High Courts and the Supreme Court on grounds of violation of constitutional provisions or principles of natural justice, preserving the supervisory role of ordinary courts.
Constitutional validity and competency of tribunals in India:
- Constitutional provisions: The establishment of tribunals is provided for under Articles 323A and 323B of the Constitution, which empower the Parliament and State Legislatures to set up tribunals for specific purposes.
- Expertise: Tribunals are staffed by experts in the relevant fields, ensuring that disputes are resolved by professionals with specialized knowledge and experience.
- Speedy justice: Tribunals generally have less formal procedures and fewer adjournments, which can lead to faster dispute resolution compared to ordinary courts.
- Access to justice: Tribunals can be more accessible and affordable for litigants, particularly in cases involving technical or specialized matters.
Conclusion:
The constitutional validity of tribunals is established under Articles 323A and 323B of the Constitution, and their competency is evidenced by their expertise and effectiveness in handling specific disputes. However, it is essential to maintain a balance between the jurisdiction of tribunals and ordinary courts to ensure that the rights of litigants are adequately protected and that the overall judicial system remains effective and accessible to all.
