Tribunals are quasi-judicial bodies established to deliver specialized, speedy, and cost-effective justice in specific matters like taxation, service disputes, environment etc.
Objectives of Tribunals
Specialized Adjudication
Speedy Justice Delivery
Reduce Burden on Courts
Cost-Effective Dispute Resolution
Simplified Procedures – Principles of Natural Justice
Decentralized Justice Access
Efficient Enforcement of Rights – Eg- NGT
Tribunals Curtailing the Jurisdiction of Ordinary Courts
Exclusion of High Court Jurisdiction – Articles 323A & 323B permit exclusion of High Courts’ writ powers in tribunal matters.
Executive Control over Appointments of tribunal members
Creates Parallel Judicial System
However, in L. Chandra Kumar (1997) Case, SC struck down exclusion of High Court jurisdiction as unconstitutional, reaffirming judicial review as part of basic structure.
Constitutional Validity of Tribunals
Constitutional Basis – Established under Articles 323A & 323B (42nd Amendment, 1976) for specialized adjudication.
Legislative Competence – Parliament empowered to create tribunals for administrative and quasi-judicial functions under Entry 11A, Concurrent List.
Judicial Endorsement – L. Chandra Kumar v. Union of India (1997)- Upheld constitutional validity of tribunals.
Tribunals Reforms Act, 2021 – Reorganized and rationalized tribunals.
Functional Validity – Tribunals are supplementary judicial mechanisms, constitutionally valid as long as they do not replace or restrict High Court or Supreme Court powers.
Competency of Tribunals in India
Limited Jurisdiction – Competency confined to specific subject matters. Eg- NGT on environment.
Quasi-Judicial Powers – Empowered to summon witnesses, take evidence, and deliver binding decisions similar to civil courts.
No Inherent Jurisdiction – Unlike High Courts, tribunals cannot exercise writ or contempt powers unless conferred by statute.
Subject to Judicial Review – Decisions are reviewable by High Courts. (L. Chandra Kumar, 1997).
Appellate and Supervisory Role – Certain tribunals (e.g., NCLAT, DRAT) exercise appellate functions over subordinate tribunals or authorities.
Administrative Control – Function under ministries (NCLT under Corporate Affairs).
Guided by Principles of Natural Justice – Must ensure fair hearing, reasoned orders, and impartial adjudication in all proceedings.
Tribunals, in line with Article 39A, must enhance access to justice while upholding judicial independence and judicial review as constitutional safeguards.