Tribunals in India are quasi-judicial bodies established to resolve disputes in specific areas such as taxation, administration, environment, and labor. They function independently of traditional courts, offering a faster and specialized dispute resolution mechanism.
The Constitutional Tribunals are formed under Articles 323-A and 323-B, granting Parliament the authority to establish tribunals for service matters, tax disputes, industrial issues, elections, and land reforms.
Examples include the Central Administrative Tribunal (CAT) for government employees and the National Green Tribunal (NGT) for environmental cases.
Statutory Tribunals, such as the
Income Tax Appellate Tribunal (ITAT) and Securities Appellate Tribunal (SAT), function under specific laws. Tribunals often have domain experts as members, making them more efficient in handling technical cases. They follow a simpler procedure than regular courts, reducing litigation backlogs. While tribunals enhance justice delivery, their independence and appeal mechanisms remain debated, with some decisions subject to judicial review by the Supreme Court and High Courts. Overall, tribunals play a vital role in India’s legal system by providing specialized, speedy, and cost-effective dispute resolution.
How Are Tribunals Formed?
Tribunals in India may be established through legislation passed by Parliament or state legislatures or through executive orders. They derive their authority from statutes that define their jurisdiction, powers, and structure. Some tribunals operate at the national level, while others function at the state or regional level.
Why Tribunals Are Formed?
Tribunals are formed to provide an alternative to the conventional judicial system, which is often slow and overburdened. Their primary objectives include discharging judicial or quasi-judicial duties viz.
Speedy resolution of disputes
Expertise in specialized matters
Reduction of case backlog in regular courts
Cost-effective adjudication
By focusing on specific legal domains, tribunals ensure efficient and informed decision-making.
Article 323A and 323B of the Indian Constitution
The Indian Constitution provides for tribunals under two specific articles:
Article 323A: Allows for the establishment of administrative tribunals to handle disputes related to public service matters.
Article 323B: Empowers Parliament and state legislatures to create tribunals for various subjects, including taxation, foreign exchange, industrial disputes, and election matters.
These provisions help in decentralizing the judicial process and improving efficiency.
Types of Tribunals in India
Tribunals in India can be categorized into two broad types:
Administrative Tribunals: These handle disputes related to public service and government employees. Example: Central Administrative Tribunal (CAT).
Judicial Tribunals: These deal with matters involving private parties or regulatory disputes. Example: National Green Tribunal (NGT).
Other important categories include:
Tax Tribunals: Income Tax Appellate Tribunal (ITAT)
Environmental Tribunals: National Green Tribunal (NGT)
Competition Tribunals: Competition Appellate Tribunal (COMPAT)
Company Law Tribunals: National Company Law Tribunal (NCLT)
Consumer Tribunals: National Consumer Disputes Redressal Commission (NCDRC)
Armed Forces Tribunal (AFT): Handles disputes related to military personnel
Telecom Disputes Settlement and Appellate Tribunal (TDSAT): Manages issues in the telecommunications sector
Intellectual Property Appellate Board (IPAB): Resolves disputes over patents and trademarks
Real Estate Regulatory Authority (RERA) Tribunal: Addresses grievances in the real estate sector
Each type serves a unique function in resolving disputes efficiently.
How Appointments Are Made to the Tribunals
Appointments to tribunals in India are governed by their respective statutes. Generally, tribunal members include retired or serving judges, legal experts, and domain specialists. The appointment process varies based on the tribunal’s nature and jurisdiction, but it often involves:
Selection committees headed by senior judges or government officials
Recommendations from judicial or administrative authorities
Presidential or ministerial approval
Ensuring the independence and expertise of tribunal members is crucial for their effective functioning.
How Many Tribunals Are There in India?
India has multiple tribunals operating across different sectors. Some of the most significant ones include:
Central Administrative Tribunal (CAT) – Handles service-related disputes of government employees.
Income Tax Appellate Tribunal (ITAT) – Deals with income tax-related appeals.
National Green Tribunal (NGT) – Addresses environmental disputes.
National Company Law Tribunal (NCLT) – Handles corporate law matters.
Competition Commission of India (CCI) – Regulates market competition.
Armed Forces Tribunal (AFT) – Deals with military service matters.
Telecom Disputes Settlement and Appellate Tribunal (TDSAT) – Resolves telecom disputes.
Debt Recovery Tribunal (DRT) – Handles cases related to loan defaults.
National Consumer Disputes Redressal Commission (NCDRC) – Resolves consumer complaints.
Real Estate Regulatory Authority (RERA) Tribunal – Manages real estate grievances.
Intellectual Property Appellate Board (IPAB) – Oversees intellectual property rights disputes.
These tribunals play a vital role in India’s legal landscape by ensuring sector-specific dispute resolution.