Tribunals in India are judicial or quasi-judicial bodies established by law to handle specific types of disputes. They provide faster and more efficient adjudication than traditional courts and offer expertise in specialized areas such as administrative or tax-related disputes. Established through various constitutional provisions and amendments, tribunals aim to reduce the burden on the traditional court system and ensure timely justice.
Tribunals in India: An Overview
Meaning of Tribunals
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- Overview of Tribunals in India: Tribunals in India are judicial or quasi-judicial bodies that are established by law to deal with specific types of disputes.
- They are intended to provide faster and more efficient adjudication than traditional courts, as well as expertise on certain subject matters such as resolving administrative or tax-related disputes.
- Overview of Tribunals in India: Tribunals in India are judicial or quasi-judicial bodies that are established by law to deal with specific types of disputes.
- Functions of Tribunals
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- Adjudicating Disputes: Tribunals adjudicate disputes between parties.
- Determining Rights: They determine the rights between contesting parties.
- Administrative Decisions: Tribunals make administrative decisions.
- Reviewing Decisions: They review existing administrative decisions.
- Authority of Tribunals: The Tribunal can be any person or institution who has the authority to judge, adjudicate on, or to determine claims or disputes.
- The Supreme Court held that “the tribunals, being quasi-judicial bodies, should have the same level of independence from the executive as the judiciary”.
Salient features of Tribunals in India
| Subject Expertise | The most significant part of tribunals is that it is composed of members who have specialised expertise in the subject matter over which they have jurisdiction. |
| Not Bound By Civil Procedure Code (Cpc) | They are not bound by the strict rules of procedure and evidence set out in the CPC unlike seen in traditional Courts. |
| Principles Of Natural Justice | In India tribunals follows the principle of natural justice, which requires that all parties to a legal proceeding be given a fair and impartial hearing and that no person should be a judge in their own cause |
| Quasi-Judicial Powers | It can hear evidence, examine witnesses, make findings of fact, apply the law to the facts, and make binding decisions. |
| Time-Bound Resolution | The adjudicatory process in tribunals is usually faster than the traditional court system, which helps to resolve disputes more quickly and efficiently. |
| Appellate Authority | The tribunal decisions can be appealed to a higher court. The decision of tribunals in the first instance can be appealed to the appellate authority and, thereafter, to the High Courts and or Supreme Court. |
Constitutional Provisions
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- Introduction of Tribunals in the Constitution: Original Constitution does not contain any provisions with respect to tribunals.
- Thereafter, the 42nd Amendment Act of 1976 added a new Part XIV-A to the Constitution.
- This part is entitled as ‘Tribunals’ and consists of only two Articles:
- Article 323A: dealing with administrative tribunals and
- Article 323B: dealing with tribunals for other matters.
- Introduction of Tribunals in the Constitution: Original Constitution does not contain any provisions with respect to tribunals.
- Differences Between Article 323A and 323B: The difference between Article 323 A and 323 B differs in the following aspects:
| Article 323A | Article 323B |
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- Notes: The Supreme Court in the L.Chandra Kumar case (1997) declared that two articles, that is, Article 323A and 323B which excluded the jurisdiction of the High courts as unconstitutional. Therefore, the judicial remedies are now available against the orders of these tribunals.
Need of Tribunals
- Reduce the Workload of the Supreme Courts and High Courts: As of June 6, 2021, there are 91,885 cases pending for more than 30 years in different High Courts of India.
- As of May 1, 2021, there are 67,898 pending cases in the Supreme Court.
- Tribunals can help reduce the burden on the courts by resolving disputes in a timely manner.
- Specialisation and Expertise: Some disputes require specialised knowledge and technical skills to adjudicate, such as those related to taxation, intellectual property, environment, consumer protection, etc.
- Tribunals can provide such expertise and ensure that the decisions are based on sound reasoning and evidence.
- Tribunals can also ensure uniformity and consistency in the application of laws and policies in a particular domain.
- Accessibility and Affordability: Tribunals can make justice more accessible and affordable for the litigants by simplifying the procedures and reducing the costs involved in litigation.
Evolution of Tribunal system In India
Difference Between Court and Tribunal
| Court | Tribunal |
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| Must Read | |
| Current Affairs | Editorial Analysis |
| Upsc Notes | Upsc Blogs |
| NCERT Notes | Free Main Answer Writing |
Conclusion
Tribunals play a crucial role in India’s judicial framework by offering specialized and efficient resolution of disputes.
- With their unique features and structures, they complement traditional courts, ensuring accessibility, affordability, and expertise in adjudication.
- However, continuous evolution and reforms are necessary to address challenges and enhance their effectiveness in delivering justice.
| Related Articles | |
| Tribunals in India | quasi judicial body |
| Supreme Court | Constitution: A Living Document |
