A Tribunal is a quasi-judicial institution set up to deal with resolving various issues like administrative and tax-related issues. It performs various functions like adjudicating disputes, determining rights between contesting parties, making an administrative decision, reviewing an existing administrative decision and so forth.

• Tribunals were constituted with the objective of reducing the workload of the courts keeping the rising pendency of cases in mind, to accelerate decision-making and create a forum which would be manned by lawyers and experts in the areas falling under the jurisdiction of the Tribunal.
• Tribunals are not originally mentioned in the Indian Constitution.
• However, the 42nd Amendment Act of 1976 added a new Part XIV-A to the Constitution following the recommendation of the Swaran Singh Committee. This part is entitled “Tribunals” and consists of 2 Articles :
• Article 323 A which deals with administrative tribunals.
• Article 323 B which deals with tribunals for other matters.
• While tribunals under Article 323 A can be established only by the Parliament, tribunals under Article 323 B can be established both by the Parliament and the State Legislatures.

The UPSC Indian Polity and Governance Syllabus includes Tribunals which is described in this article.

Tribunals in India

Two categories of Tribunals exist in India.

• The Administrative Tribunals, for which the Administrative Tribunals Act provides for three types of tribunals:
• The Central Government establishes the Central Administrative Tribunal (CAT).
• The Central Government may, on behalf of a recommendation made by any State government, establish an administrative tribunal for such state employees.
• Two or more states may ask for a joint tribunal (Joint Administrative Tribunal) which will exercise powers of the administrative tribunals for such states.

Tribunals for settling various administrative and tax-related disputes

• Income Tax Appellate Tribunal
• National Green Tribunal
• Competition Appellate Tribunal (COMPAT)
• Securities Appellate Tribunal (SAT), among others.
• Armed Forces Tribunal

Tribunalisation of Justice: The tribunalisation of justice is driven by the belief that it would be cost-effective, accessible and give scope for utilising expertise in the respective fields.

Central to this scheme is the principle that the experts appointed to these tribunals should bring in special knowledge and experience.

Characteristics of Tribunals

• They are created through a statute, i.e. an act passed by the Government.
• They are required to act judicially and follow the principles of natural justice.
• They are not bound by the rules of procedure and evidence prescribed by the civil courts.
• They are required to act fairly and in an unbiased manner.

Some of the important Tribunals

Central Administrative Tribunal

• It was set up in 1985 with the principal bench in Delhi and additional benches in different states.(Presently 17 regular benches).
• It is a multi-member body consisting of a Chairman and members (current sanctioned strength is 65).
• The members have been conferred the status of High Court Judges and are drawn from both judicial and administrative fields. They are selected through a committee chaired by a sitting judge of the Supreme Court who is nominated by the CJI.
• It exercises original jurisdiction in relation to recruitment and all service matters of public servants covered by it.
• Its jurisdiction extends to All-India services, Central civil services, civil posts under the Centre and civilian employees in defense services.

State Administrative Tribunal

• The Administrative Tribunals Act under Article 323 B empowers the Central Government to establish the SAT on specific request of the concerned state government.
• Like the CATs, the SATs exercise original jurisdiction in matters related to recruitment and all services matters of the state government employees.

Armed Forces Tribunal

• It is a military tribunal established under the Armed Forces Tribunal Act, 2007.
• It has provided the power for the adjudication or trials in disputes and complaints with respect to commission, appointments, enrolment and conditions of service in respect of persons subject to the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950.
• Besides the Principal Bench in New Delhi, it has regional benches at Chandigarh, Lucknow, Kolkata, Guwahati and other places.

National Green Tribunal

• It is a special fast-track, quasi-judicial statutory body consisting of judges and environment experts.
• It was established on the recommendations of the Law Commission’s 186th Report, in 2010 under the National Green Tribunal Act of 2010.
• It has been set up for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
• It ensures enforcement of any legal right relating to the environment and giving relief/compensation for damages to persons and property.
• It is mandated to dispose of received applications and appeals within 6 months of their filing.
• It has benches in New Delhi (principal), Bhopal, Pune, Kolkata and Chennai.

Difference between Courts and Tribunals

Drawbacks of Tribunals over courts

• Tribunals have their separate laws and procedures which are defined by their members, sometimes leading to a serious neglect of the principle of the Rule of Law.
• A majority of the tribunals don’t enjoy the same level of independence from the Executive as the courts and the judiciary.
• A uniform code of procedure is absent in the administrative tribunals, unlike the normal courts.
• Tribunals consist of a mixed membership; individuals belonging to categories like administrators and technical heads who may have no experience or training in judicial proceedings. Sometimes they adopt summary procedures to deal with cases under their jurisdiction.

Criticism of Tribunals

• Tribunals have often been criticized by the Supreme Court as instruments of the Executive, since often the members appointed to them (such as the ITAT and the National Company Law Tribunal) have been cherry-picked by the Executive.
• No National Tribunals Commission (NTC) was constituted for supervising tribunals and supporting their uniform functioning. This idea was proposed in the L. Chandra Kumar v. Union of India (1997)
• Loyalty to the current government and lack of legal knowledge have led to further criticism.
• Often the sittings of the Tribunals are conducted in secrecy, which may lead to transparency issues.

Conclusion

Tribunals are an essential extra-judicial arrangement because they are helpful in many ways. Tribunals offer flexibility when compared to ordinary courts that have to adhere to strict procedures. They are cheaper and offer speedy justice. The procedure followed by the tribunals is simple and easy to understand even for the layman. They also offer relief to the ordinary courts that are already overburdened with suits. However, some reforms are required in order to enable their smooth, efficient, transparent and accountable functioning.

FAQs

MCQs

1. Under which Article of the Indian Constitution are administrative tribunals established?

A) Article 323A
B) Article 226
C) Article 324
D) Article 356

2. What is the primary function of the National Green Tribunal (NGT)?

A) To handle criminal cases
B) To oversee elections
C) To address environmental issues
D) To settle property disputes

3. Which of the following statements is true about tribunals in India?

A) They can only be headed by judges
B) They follow rigid procedures similar to regular courts
C) They are quasi-judicial bodies
D) They cannot handle service disputes

4. What type of cases does the Central Administrative Tribunal (CAT) deal with?

A) Property disputes
B) Public service disputes
C) Family law
D) Corporate law

5. The establishment of which tribunal is associated with environmental protection?

A) Armed Forces Tribunal
B) National Green Tribunal
C) Income Tax Appellate Tribunal
D) Railway Claims Tribunal

GS Mains Questions and Model Answers

Q1: Examine the role of tribunals in enhancing the efficiency of the Indian judicial system. How do they contribute to specialized justice delivery?

Answer: Tribunals play an essential role in enhancing the efficiency of the Indian judicial system by providing specialized justice delivery in specific areas such as administrative service disputes, taxation, and environmental issues. Unlike traditional courts, tribunals can employ subject matter experts to ensure more informed and quicker decision-making processes. This specialization reduces the burden on the regular judiciary and promotes timely case resolutions. The National Green Tribunal (NGT) and the Central Administrative Tribunal (CAT) are prime examples of how tribunals cater to niche areas of law, improving the overall accessibility and effectiveness of justice delivery in India. Their quasi-judicial nature allows for more flexible procedures, expediting cases without compromising the fairness and impartiality of the process.

Q2: Discuss the constitutional provisions related to the establishment of tribunals in India. How have these provisions influenced the creation and functioning of tribunals?

Answer: The constitutional provisions for the establishment of tribunals in India are found in Article 323A and Article 323B. Article 323A allows for the creation of administrative tribunals to resolve service-related disputes among public employees, while Article 323B provides for tribunals related to taxation, industrial disputes, land reforms, and other matters. These provisions have enabled the government to set up specialized tribunals to address specific types of cases, promoting faster adjudication and reducing the backlog in traditional courts. The inclusion of these articles underscores the importance of streamlined and specialized judicial mechanisms that complement the regular judiciary. The establishment of tribunals such as the CAT and NGT reflects the impact of these constitutional provisions, contributing to more focused and effective justice delivery.

Q3: Evaluate the challenges faced by tribunals in India. What measures can be taken to enhance their effectiveness and independence?

Answer: Tribunals in India face several challenges, including questions about their independence, as many are overseen by government-appointed officials, which can lead to potential biases. Additionally, there is often a lack of infrastructure and resources, which hampers their functioning. The overlapping jurisdiction between tribunals and regular courts can also lead to delays and confusion. To enhance their effectiveness, measures such as ensuring greater autonomy in appointment processes, adequate funding, and clearly defined jurisdictions are necessary. The Supreme Court’s directives for maintaining the independence of tribunals should be strictly implemented. Furthermore, enhancing the training of tribunal members and integrating technology can improve efficiency and streamline case management, ensuring that tribunals continue to serve as an effective alternative to traditional courts.

Previous Year Questions on Tribunals

1. UPSC CSE Prelims 2021:

Question: The Central Administrative Tribunal (CAT) was established under which Article of the Indian Constitution?

A) Article 323A
B) Article 324
C) Article 226
D) Article 356

Answer: (A)

Explanation: The Central Administrative Tribunal (CAT) was established under Article 323A of the Indian Constitution to resolve disputes related to public service matters for government employees.

2. UPSC CSE Mains 2020 (GS Paper 2):

Question: "Critically analyze the effectiveness of tribunals in delivering specialized justice in India. What reforms are needed to address the challenges they face?"

Answer: Tribunals have proven effective in delivering specialized justice by addressing cases in areas like administration, taxation, and environmental law more efficiently than regular courts. However, they face challenges such as questions about their independence, limited resources, and overlapping jurisdictions with traditional courts. Reforms to enhance their independence include transparent appointment processes and better funding. Strict adherence to the Supreme Court’s guidelines for tribunal autonomy is crucial. Integrating advanced technology and ensuring sufficient training for tribunal members can further improve their efficiency. Addressing these issues is vital to bolster public trust and optimize the role of tribunals in India's judicial system.