Knowledge Nugget | Why Tribunals matter in India’s justice system

Knowledge Nugget: Tribunals

Tribunals are quasi-judicial bodies established to swiftly and expertly resolve disputes across various domains like taxation, corporate law, and administrative matters. This streamlines the workload of regular courts.

The concept of tribunals emerged in India after the 42nd Constitutional Amendment Act of 1976 inserted Part XIV-A, "Tribunals," into the Constitution. This added Articles 323A and 323B, laying the groundwork for both administrative and specified subject matter tribunals.

Article 323A empowers Parliament to enact laws for adjudication by administrative tribunals on disputes related to public service recruitment and conditions of service. Article 323B allows the legislature to establish tribunals for a range of matters, including tax assessments, foreign exchange, industrial disputes, land reforms, and more.

However, tribunals are not a replacement for traditional courts. Instead, they serve as specialized adjudication mechanisms that contribute to efficient and effective dispensation of justice. In a dynamic economy, tribunals play a crucial role in ensuring entrepreneurs' confidence, business continuity, and overall economic stability.

The Supreme Court has emphasized the importance of tribunal independence through various landmark judgments over the past three decades. In cases like SP Sampath Kumar (1987) and L Chandra Kumar (1997), the court established several key principles, including judicial review, secure tenure for members, and the separation of tribunals from sponsoring departments.

Nevertheless, these principles have sometimes clashed with reform attempts, which some argue grant excessive executive control over appointments, tenures, and conditions of service.