Tribunals in India

  • Tribunals are quasi-judicial bodies created to deliver specialised, speedy, and low-cost dispute resolution outside regular courts.
  • Handle areas like service matters, taxation, environment, company law, telecom, foreigner determination, etc.
  • Aim to reduce burden on courts, provide expert adjudication, and ensure decentralised access to justice.

Key Features

  • Natural justice: Fair hearing; no one judges their own case.
  • Flexible procedure: Not bound by Civil Procedure Code; allows simplified evidence rules.
  • Subject expertise: Judicial + technical members with domain specialisation.
  • Quasi-judicial powers: Record evidence, examine witnesses, decide facts and law, issue binding orders.
  • Appellate pathways: Appeals generally lie to High Courts/Supreme Court (post Chandra Kumar, 1997).
  • Time-efficient: Designed to provide faster disposal than conventional courts.

Constitutional & Legal Framework

  • Part XIV-A (42nd Amendment, 1976) introduced tribunals.
  • Article 323A: Parliament may create Administrative Tribunals for service matters.
  • Article 323B: Parliament and State Legislatures may create tribunals on subjects like labour, land reforms, taxation, elections, etc.
  • Administrative Tribunals Act, 1985: Establishes CAT, SATs, JATs; provides original jurisdiction for service disputes of central/state employees.

Major Types of Tribunals

  • Administrative Tribunals:
    • Central Administrative Tribunal (CAT) – service matters of central employees.
    • State Administrative Tribunals (SATs) – service matters of state employees.
    • Joint Administrative Tribunal (JAT) – for two or more states.
  • Sectoral Tribunals (Examples):
    • National Green Tribunal (NGT) – environmental disputes.
    • National Company Law Tribunal (NCLT) – company law, insolvency matters.
    • Telecom Disputes Settlement & Appellate Tribunal (TDSAT) – telecom sector.
    • Foreigners Tribunals (Assam-specific) – citizenship/foreigner determination.

Issues and Challenges

  • Executive dominance: Government is the largest litigant yet controls appointments, service conditions, and removal of members.
  • Independence concerns: Short tenures, lack of security, and ministry control weaken autonomy
  • Vacancies and pendency: Large delays due to unfilled posts (SC flagged major vacancies).
  • Overlapping jurisdictions: Multiple tribunals in similar domains (e.g., NCLT vs COMPAT earlier)
  • Bypassing High Courts: Attempts to oust HC jurisdiction raised constitutional tensions (addressed in Chandra Kumar).
  • Administrative inconsistency: Different ministries run tribunals with varied qualifications, infrastructure, and procedures.

Reforms Needed

  • National Tribunal Commission (NTC): Independent body to oversee appointments, tenure, service conditions, and evaluation.
  • Uniform standards: Harmonise qualifications, tenure, salaries, and removal processes across tribunals.
  • Timely appointments: Automatic, time-bound filling of vacancies.
  • Strengthen independence: Secure tenure, financial autonomy, and protection from executive interference.
  • Streamlining: Merge or rationalise tribunals to avoid duplication and confusion.
  • Digital upgrades: e-filing, virtual hearings, and integrated case-tracking to reduce delays.
About the UPSC Civil Services Examination (UPSC CSE)

The UPSC Civil Services Examination (CSE) is one of the most competitive and esteemed examinations in India, conducted by the Union Public Service Commission to recruit officers for services such as the Indian Administrative Service (IAS), Indian Police Service (IPS), Indian Foreign Service (IFS), and others. The exam comprises three stages — Prelims, Mains, and the Personality Test (Interview) — designed to test a candidate’s knowledge, aptitude, decision-making, and leadership skills.


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