Tribunals

Question 1

Definition and Introduction

Answer 1

What are Tribunals?
Tribunals are judicial or quasi-judicial bodies established to resolve disputes in specific areas, reducing the burden on traditional courts.

Supreme Court’s View:
Tribunals must maintain independence from the executive to uphold judicial integrity.

Question 2

Key Features of Tribunals

Answer 2

Specialization: Focus on areas like taxation, environment, and telecom.
Appeal Mechanisms:
High Court substitutes (e.g., Securities Appellate Tribunal): Appeals to the Supreme Court.
Subordinate tribunals: Appeals go through High Courts.
Technical and Judicial Members: Ensure subject-matter expertise and fairness.

Question 3

Constitutional Framework

Answer 3

42nd Amendment, 1976:

Article 323A: Tribunals for public service disputes (Central & State level).
Article 323B: Tribunals for specific subjects like taxation, land reforms, and industrial disputes.
2010 SC Clarification:
Legislatures can create tribunals on other subjects within their legislative competence under the Seventh Schedule.

Question 4

Legislative Evolution

Answer 4

Income Tax Appellate Tribunal (1941): First tribunal to reduce case pendency.
Post-1976: Several tribunals established after Articles 323A & 323B.
Finance Act, 2017: Consolidated tribunals.
Tribunal Reforms Act, 2021: Abolished nine tribunals, transferring their functions to regular courts.

Question 5

Independence of Tribunals

Answer 5

Key Determinants:

Selection Process: Judicial dominance required; executive should not dominate.
Composition: Mix of judicial members (e.g., retired judges) and technical experts.
Tenure: Minimum 5-year term; Chairperson’s max age 70, other members 67.
Challenges:

Executive control over administration compromises independence.
Short tenure increases dependency on the executive for reappointment.

Question 6

National Tribunals Commission (NTC)

Answer 6

Proposal: An independent body to oversee tribunal appointments, administration, and functioning.
Recommendations: Suggested by the Supreme Court and parliamentary committees for tribunal autonomy.

Question 7

Landmark Cases on Tribunals

Answer 7

S.P. Sampath Kumar v. Union of India (1986):
Affirmed tribunals as High Court substitutes with constitutional safeguards.
L. Chandra Kumar v. Union of India (1997):
Tribunals are subject to High Court jurisdiction; cannot be exclusive substitutes for constitutional courts.
Madras Bar Association v. Union of India (2020, 2021):
Judicial primacy and independence of tribunals reinforced.
R. Subramanian v. Union of India:
Reiterated the need for the NTC to ensure independence.

Question 8

Advantages of Tribunals

Answer 8

Efficiency: Speedier resolution of disputes.
Expertise: Inclusion of technical members for domain-specific matters.
Cost-Effective: Reduces prolonged litigation costs.

Question 9

Criticisms and Concerns

Answer 9

Executive Influence: Administrative control by ministries affects impartiality.
Limited Appeal Mechanisms: Direct appeals to the Supreme Court may bypass accessibility through High Courts.
Structural Issues: Short tenures and reappointments compromise independen