Tribunals

Tribunals are the judicial or quasi-judicial institutions established by law to adjudicate on specific issue. For example, Administrative tribunals, National Green Tribunal, company law tribunals, tax tribunals.

Tribunals ensure speedy justice, unburden the courts and are  less expensive.

Tribunals are bound by natural law and brings technical expertise.

Tribunals: Constitutional Provisions

1. 42^nd constitutional amendment added Part XIV-A and constituted tribunals under Article 323A, Article 323B.
2. Article 323A empowers Parliament to constitute Administrative Tribunals at central and state level for adjudication of matters related to recruitment /conditions of service of public servants.
3. Art 323B deals with specified certain subjects such as taxation, land reforms etc. for which Parliament and state legislatures may constitute tribunals by enacting a law.
4. Chairman has the same eligibility criteria as the judge of high court; tribunals consist of judicial and technical members.

Tribunals: Issues

1. Tribunalisation of justice as specialized tribunals may lack accountability as they are not subject to the same level of scrutiny as traditional courts.
2. Large number of vacancies and high pendency of cases .
3. No proper standards on mode of selection of members.
4. Interference from executive as the qualifications of members are decided by executive.
5. Large number of tribunals which create uncertainty and increase compliance cost.

Tribunals: Reforms

1. National Tribunal commission to be setup for appointment of members of tribunals to avoid executive interference as proposed by supreme court.
2. Tribunals which substitute high courts should have more weightage of judicial members compared to technical members and they have power of judicial review same as High courts.
3. Uniform standards on qualification and appointment of members.
4. Rationalisation on number of tribunals.
5. Disallow re-appointment of members.

Tribunals: Features of Tribunal Reforms Act 2021

1. Dissolved certain number of tribunals/ appellate bodies, brought down from 26 to 19 and transferred the same powers to judiciary.
2. Power to appoint members is done by central government based on recommendations of search cum selection committee with CJI as the chairperson
3. Eligibility and term of office; 4-year term and minimum age for appointment of any member is 50 years; upper age limit for Chairman is 70 years and other members is 67 years.