Tribunals are judicial or quasi-judicial institutions established by law, They intend to provide a platform for faster adjudication as compared to traditional courts, as well as expertise on certain subject matters.
The term ‘Tribunal’ is derived from the word ‘Tribunes’, which means ‘Magistrates of the Classical Roman Republic’. It performs a number of functions like adjudicating disputes, determining rights between contesting parties, making an administrative decision, reviewing an existing administrative decision and so forth. . In 1976, Articles 323A and 323B were inserted in the Constitution of India through the 42nd Amendment.
Article 323A empowered Parliament to constitute administrative Tribunals (both at the 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.
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Need of Tribunal
The pendency of cases in courts is one of the key challenges faced by the judicial system. As of June 6, 2021, there are 91,885 cases pending for more than 30 years in different High Courts of India.
The Tribunals were set up to reduce the workload of courts, to expedite decisions and to provide a forum which would be manned by lawyers and experts in the areas falling under the jurisdiction of the Tribunal. The tribunals also perform an important and specialised role in the justice mechanism.
They take a load off the already overburdened courts.
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Structure Of Tribunals
The structure of judiciary along with the tribunals is given below:
- Tribunals were not part of the original constitution, it was incorporated in the Indian Constitution by 42nd Amendment Act, 1976.
- Article 323-A deals with Administrative Tribunals.
- Article 323-B deals with tribunals for other matters.
- Under Article 323 B, the Parliament and the state legislatures are authorised to provide for the establishment of tribunals for the adjudication of disputes relating to the following matters:
- Taxation
- Foreign exchange, import and export
- Industrial and labour
- Land reforms
- Ceiling on urban property
- Elections to Parliament and state legislatures
- Food stuff
- Rent and tenancy rights
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- The Administrative Tribunals Act, 1985 provides for three types of tribunals:
- The Central Government establishes an administrative tribunal called the Central Administrative Tribunal (CAT).
- The Central Government may, upon receipt of a request in this behalf from any State Government, establish an administrative tribunal for such State employees.
- Two or more States might ask for a joint tribunal, which is called the Joint Administrative Tribunal (JAT), which exercises the powers of the administrative tribunals for such States.
Difference Between Two Types Of Tribunals
- While Article 323 A contemplates the establishment of tribunals for public service matters only, Article 323 B contemplates the establishment of tribunals for certain other matters (mentioned above).
- While tribunals under Article 323 A can be established only by Parliament, tribunals under Article 323 B can be established both by Parliament and state legislatures with respect to matters falling within their legislative competence.
- Under Article 323 A, only one tribunal for the Centre and one for each state or two or more states may be established. There is no question of the hierarchy of tribunals, whereas under Article 323 B a hierarchy of tribunals may be created.
Key developments in the Indian tribunal system
|
Year |
Key developments |
|
1941 |
|
|
1969 |
|
|
1974 |
|
|
1976 |
|
|
Since the 1980s |
|
|
2017 |
|
|
2021 |
The Tribunals Reforms (Rationalisation and Conditions of Service) Bill, 2021 was introduced in Lok Sabha in February. As the Bill was pending at the end of the session, an Ordinance with similar provisions was promulgated in April 2021. They abolish nine tribunals and transfer their functions to existing judicial bodies (mainly High Courts). |
Sources: Respective reports, Acts, Bills, and Ordinances as cited in the corresponding items above; PRS.
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Difference Between Tribunal and Court
| No. | Court of Law | Tribunal |
| 1. | A court of law is a part of the traditional judicial system whereby judicial powers are derived from the state. |
An Administrative Tribunal is an agency created by the statute and invested with judicial power. |
| 2. |
The Civil Courts have judicial power to try all suits of a civil nature unless the cognizance is expressly or impliedly barred. |
Tribunal is also known as the Quasi-judicial body. Tribunals have the power to try cases of special matter which are conferred on them by statutes |
|
3. |
Judges of the ordinary courts of law are independent of the executive in respect of their tenure, terms and conditions of service etc. Judiciary is independent of Executive | Tenure, terms and conditions of the services of the members of Administrative Tribunal are entirely in the hands of Executive (government). |
| 4. |
The presiding officer of the court of law is trained in law. |
The president or a member of the Tribunal may not be trained as well in law. He may be an expert in the field of Administrative matters. |
| 5. |
A judge of a court of law must be impartial who is not interested in the matter directly or indirectly. |
An Administrative Tribunal may be a party to the dispute to be decided by it. |
|
6. |
A court of law is bound by all the rules of evidence and procedure. |
An Administrative Tribunal is not bound by rules but bound by the principles of nature of Justice. |
|
7. |
Court must decide all questions objectively on the basis of evidence and materials on record. |
Administrative Tribunal may decide questions by taking into account departmental policy, the decision of Administrative Tribunal may be subjective rather than objective. |
|
8. |
A court of law can decide vires of a legislation |
Administrative Tribunal cannot do so |
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