TRIBUNAL SYSTEM IN INDIA

TRIBUNAL SYSTEM

• Tribunals are institutions established for discharging judicial or quasi-judicial duties.  
• The objective may be to reduce case load of the judiciary or to bring in subject expertise for technical matters. 
• In 1976, Articles 323A and 323B were inserted in the Constitution of India through the 42nd Amendment.

Members of Tribunals

• The presence of expert members (technical members) along with judicial members is a key feature of tribunals which distinguishes them from traditional courts. 

Jurisdiction

• Each tribunal is given specific jurisdiction to hear and decide cases within its designated area of expertise.

Appeals

• Appeals from tribunals usually lie with the concerned High Court. However, some laws specify that appeals will be heard by the Supreme Court.
• In Chandra Kumar Case (1997), appeals against decisions of tribunals were allowed in the division bench of High Courts. 

Developments in the Indian Tribunal System

Classification of tribunals in India

Administrative Tribunals

• Central Administrative Tribunal (CAT)
• The CAT exercises original jurisdiction in relation to recruitment and all service matters of public servants covered by it. 
• Its jurisdiction extends to the All-India services, the Central civil services, civil posts under the Centre, and civilian employees of defense services. 
• However, the members of the defense forces, officers and servants of the Supreme Court, and the secretarial staff of the Parliament are not covered by it.
• The chairman and the members of CAT are appointed by President after consultation with the Chief Justice of India.
• State Administrative Tribunals (SATs)
• The Administrative Tribunals Act of 1985 empowers the Central government to establish State Administrative Tribunals (SATs) at the specific request of the concerned state governments.
• Like the CAT, the SATs exercise original jurisdiction in relation to recruitment and all service matters of state government employees.
• The chairman and members of the SATs are appointed by the President after consultation with the Governor of the state concerned.
• Joint Administrative Tribunal (JAT)
• The Administrative Tribunals Act of 1985 also makes a provision for setting up Joint Administrative Tribunal (JAT) for two or more states. A JAT exercises all the jurisdiction and powers exercisable by the administrative tribunals for such states.
• The chairman and members of a JAT are appointed by the President after consultation with the Governors of the concerned states.

Other Tribunals 

• National Green Tribunal(NGT)
• NGT was established under the National Green Tribunal Act, 2010 for effective and expeditious disposal of cases relating to environmental protection.
• New Delhi is NGT’s Principal Bench, with Bhopal, Pune, Kolkata, and Chennai being other benches.
• National Company Law Tribunal(NCLT)
• The National Company Law Tribunal is a quasi-judicial body in India adjudicating issues relating to Indian companies. 
• The tribunal was established under the Companies Act 2013 and was constituted in 2016 by the government of India. 

Importance of Tribunals

• This specialization ensures that cases are adjudicated by individuals with a deep understanding of the relevant legal and technical issues.
• This is particularly important in areas where timely decisions are crucial, such as service matters, tax disputes, and environmental issues.
• By handling specific types of cases, tribunals contribute to reducing the burden on traditional courts, helping to address the issue of judicial backlog.
• Administrative Tribunals, such as the Central Administrative Tribunal (CAT), expedite the resolution of service-related matters for government employees. 

Concerns with Tribunals

Lack of Independence

• Critics argue that certain tribunals might not be entirely independent, as their members are often appointed by the government.

Pendency of cases

• in 2021, the AFT had 18,829 pending cases.
• The lack of human resources is observed to be one of the key reasons for the accumulation of pending cases in

Lack of Uniformity in Procedures

• Procedures adopted by different tribunals can vary widely, leading to inconsistency in the application of legal principles and potential confusion for litigants.

Overlapping Jurisdictions

• There have been instances of overlapping jurisdictions between tribunals and regular courts, leading to confusion and potential conflicts.