Overview of Specialized Tribunals in India: Role, Structure and Functions

Tribunals in India are specialized judicial or quasi-judicial bodies established by law to address specific types of disputes efficiently and expertly. Various tribunals, such as the Central Administrative Tribunal, National Green Tribunal, and National Company Law Tribunal, provide focused adjudication on matters ranging from administrative services to environmental protection and corporate law. These tribunals help streamline justice delivery, reduce the burden on traditional courts, and ensure swift resolution of cases.

Specialized Tribunals in India

Water Disputes Tribunals

• Inter-State River Water Disputes (ISRWD) Act, 1956: The Parliament enacted Inter-State River Water Disputes (ISRWD) Act, 1956  which provide for the formation of various Water Disputes Tribunal for adjudication of disputes relating to waters of inter-State rivers and river valleys. 

Armed Forces Tribunal (AFTs)

• Establishment of Armed Forces Tribunal (AFT): It was established under the Armed Forces Tribunal Act, 2007  and acts as a military tribunal in India.
• Jurisdiction of AFT: It provides power for the adjudication or trial by AFT of disputes and complaints with respect to commission, appointments, enrolments and conditions of service
  • For the persons who are subjected to the  Army Act, 1950, The Navy Act, 1957 and the Air Force Act, 1950.
• Regional Benches: Besides the Principal Bench in New Delhi, It  has regional Benches at  other places such as Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai and Jaipur.
• Composition: Each Bench comprises a Judicial Member and an Administrative Member.
  • The Judicial Members are retired High Court Judges 
  •  Administrative Members are retired Members of the Armed Forces who earlier had  the rank of Major General/ equivalent or above for a period of three years or more.
  • Other than above two, Judge Advocate General (JAG), who have held the appointment for at least one year are also entitled to be appointed as the Administrative Member.

National Green Tribunal (NGT)

• Background: Earlier National Environment Tribunal Act, 1995 and National Environment Appellate Authority Act, 1997 were created to deal with environmental matters. 
  • However, it was felt inadequate to deal with ever increasing environmental issues.
• Recommendations for Improvement: The 186th Report  of the Law Commission suggested multi-faceted Courts with judicial and technical inputs referring  from the practices of environmental Courts in Australia and New Zealand.
• Formation of NGT: Consequently, NGT was formed as a special fast-track, quasi-judicial body composed of judges and environment experts to ensure expeditious disposal of cases.
  • National Green Tribunal Act 2010 established the National Green Tribunal in 2010 as a statutory body.
• Aims and Objectives: The NGT aims for effective and expeditious disposal of cases related to environmental protection and the conservation of forests and natural resources.
  • It also helps to ensure enforcement of any legal right related to the environment and to give relief and compensation for damages to persons and property.
• Timeline for Case Disposal: It has been  mandated that  disposal of applications or appeals has to be done within 6 months of filing.

Income Tax Appellate Tribunal

• Establishment of the Income Tax Appellate Tribunal (ITAT): Within the  Income Tax Act, 1961  it provides that the Central Government that it shall constitute an Appellate Tribunal  which consists of Judicial Members and Accountant members as it thinks fit to exercise the powers and functions conferred on the Tribunal by this  Act.

Foreigners Tribunal

• Function of the Foreigners Tribunal: This  tribunal acts as a quasi-judicial body in India that determines whether a person is or is not a foreigner under Foreigner’s Act 1946.
• Establishment and Uniqueness: This tribunal was first set up in 1964 and is unique to the state of  Assam.
• Legal Process for Foreigners in the Rest of the Country: While for the rest of the country, a foreigner apprehended by the police for staying illegally is prosecuted in a local court and later deported/put in detention centers.
• Observations on Tribunal Practices: This organization has observed that the FTs that determined that the  paramount right to citizenship in Assam were often dismissive and also had used derogatory language, controlled their own procedures and applied them in arbitrary ways.
• Call for Legislative Review: It has also called for a review of the existing legislative regime governing the determination of nationality in India.

National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) 

• The National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) are two specialised courts in India that deal with matters related to corporate law. 
• The NCLT was established under Section 408 of the Companies Act, 2013, while the NCLAT was established under Section 410 of the same Act.

National Company Law Tribunal (NCLT)

• NCLT: First-Level Tribunal: The NCLT is the first-level tribunal for adjudicating disputes under the Companies Act, 2013. 
• Jurisdiction of NCLT: It has jurisdiction over a wide range of matters, including:
• • Insolvency and bankruptcy of companies
  • Winding up of companies
  • Fraudulent companies
  • Corporate governance
  • Secretarial compliance
  • Mergers and acquisitions
  • Transfer of shares and voting rights
• Nationwide Presence: The NCLT has a nationwide presence, with benches located in major cities across India. 
• Composition of NCLT: It is composed of both judicial and technical members. 
  • Judicial members are retired judges of the High Courts, while technical members are experts in accounting, company law, or other relevant fields.

National Company Law Appellate Tribunal (NCLAT)

• • NCLAT: Appellate Tribunal: The NCLAT is the appellate tribunal for appeals against orders of the NCLT. 
  • Jurisdiction of NCLAT: It has jurisdiction over all matters decided by the NCLT, with the exception of appeals against certain orders of the NCLT that fall under the jurisdiction of the Supreme Court. 
    • The NCLAT is also the appellate tribunal for appeals against orders of the Competition Commission of India (CCI) and the National Financial Reporting Authority (NFRA).
  • Headquarters and Benches: The NCLAT has its headquarters in New Delhi and has benches located in Mumbai, Chennai, Kolkata, Hyderabad, Ahmedabad, and Bengaluru. 
  • Composition of NCLAT: It is composed of judicial members and technical members, with a minimum of two judicial members and one technical member sitting on each bench.
• Role of NCLT and NCLAT in the Indian Corporate Law Regime: The NCLT and NCLAT play a crucial role in the Indian corporate law regime.
• They provide a specialised forum for resolving corporate disputes,
• Ensuring the efficient functioning of the Indian corporate system and Protecting the interests of stakeholders. 
• The NCLT’s insolvency and bankruptcy proceedings have been instrumental in addressing the growing problem of corporate failures in India. 
• The NCLAT’s appellate jurisdiction ensures that parties have an opportunity to challenge NCLT orders and seek justice.
• Their decisions have helped to clarify legal provisions, provide guidance to companies and stakeholders, and promote good corporate governance practices
• Contributions to Corporate Governance: The NCLT and NCLAT have made significant contributions to the development of the Indian corporate law landscape. 
  • The two tribunals are likely to continue to play a central role in shaping the Indian corporate law regime in the years to come.

Conclusion

Tribunals play a crucial role in the Indian judicial system by offering specialized and efficient dispute resolution mechanisms. 

• Their contributions extend to protecting the environment, ensuring corporate governance, and resolving administrative issues. 
• The continued evolution and effectiveness of these tribunals are essential for maintaining the integrity and functionality of the legal system, ultimately benefiting stakeholders and promoting justice.

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