Cecily Zamora
Tribunals in India are quasi-judicial bodies that settle various administrative and tax-related disputes. They were established to reduce the caseload of the judiciary and to bring in subject expertise for technical matters. Tribunals derive their authority from constitutional provisions and statutory laws, with Articles 323A and 323B empowering Parliament to establish tribunals for adjudicating disputes concerning recruitment and service conditions of public servants. Tribunals have specific jurisdictions to hear and decide cases within their designated areas of expertise, and some have appellate jurisdiction, allowing them to hear appeals from lower authorities or government bodies.
| Characteristics | Values |
|---|---|
| Nature | Tribunals are quasi-judicial bodies. |
| Objective | To reduce the caseload of the judiciary or to bring in subject expertise for technical matters. |
| Constitutional Recognition | Articles 323A and 323B were inserted in the Constitution of India through the 42nd Amendment in 1976. |
| Article 323A | Empowers Parliament to constitute administrative Tribunals (both at central and state level) for adjudication of matters related to recruitment and conditions of service of public servants. |
| Article 323B | Specifies certain subjects (such as taxation and land reforms) for which Parliament or state legislatures may constitute tribunals by enacting a law. |
| Administration of Tribunals | The Standing Committee on Personnel, Public Grievances, Law and Justice (2015) recommended the creation of an independent body called the National Tribunals Commission (NTC) for the administration of all tribunals in India. |
| Jurisdiction | Each tribunal is given specific jurisdiction to hear and decide cases within its designated area of expertise. |
| Appeals | Appeals from tribunals usually lie with the concerned High Court. However, some laws specify that appeals will be heard by the Supreme Court. |
| Specialization | This specialization ensures that cases are adjudicated by individuals with a deep understanding of the relevant legal and technical issues. |
| Speedy Resolution | This is particularly important in areas where timely decisions are crucial, such as service matters, tax disputes, and environmental issues. |
| Tribunal Reforms Act | The Tribunals Reforms Act of 2021 governs tribunals in India. |
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What You'll Learn
Tribunal law history and constitutional recognition
Tribunals in India are quasi-judicial bodies that settle various administrative and tax-related disputes. They are governed by the Tribunals Reforms Act, 2021.
History
The Administrative Tribunals Act, 1985, established Administrative Tribunals, which owe their origin to Article 323A of the Constitution. The Act provides for three types of tribunals: The Central Administrative Tribunal (CAT), the Joint Administrative Tribunal (JAT), and the Central Government Industrial Tribunal cum-labour courts. The CAT was set up on 1 November 1985 and has 17 regular benches. The National Green Tribunal (NGT) was established in 2010 under the National Green Tribunal Act of the same year. The NGT was formed as a special fast-track body to ensure the expeditious disposal of cases relating to environmental protection and the conservation of natural resources.
The Armed Forces Tribunal (AFT) was established under the Armed Forces Tribunal Act, 2007. It has regional benches in eight cities across India.
The National Company Law Appellate Tribunal (NCLAT) was constituted under Section 410 of the Companies Act, 2013, for hearing appeals against the orders of the National Company Law Tribunal(s) (NCLT).
Constitutional Recognition
Articles 323A and 323B were inserted into the Constitution of India in 1976 through the 42nd Amendment. Article 323A empowered Parliament to constitute administrative tribunals at the central and state levels to adjudicate matters related to the recruitment and conditions of service of public servants. Article 323B specified certain subjects, such as taxation and land reforms, for which Parliament or state legislatures may constitute tribunals by enacting a law.
In 2010, the Supreme Court clarified that the subject matters under Article 323B are not exclusive, and legislatures are empowered to create tribunals on any subject matter under their purview as specified in the Seventh Schedule of the Constitution.
The Standing Committee on Personnel, Public Grievances, Law and Justice (2015) recommended the creation of an independent body called the National Tribunals Commission (NTC) for the administration of all tribunals in India. In 2020, the Supreme Court also emphasised creating the NTC to supervise appointments, functioning, and administration.
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Types of tribunals
Tribunals in India are quasi-judicial bodies that deal with various administrative and tax-related disputes. They are governed by the Tribunals Reforms Act of 2021.
There are several types of tribunals in India, each with its own specific jurisdiction and purpose:
Central Administrative Tribunal (CAT)
The Central Administrative Tribunal was established on November 1, 1985, under the Administrative Tribunals Act of 1985. It deals with service matters pertaining to Central Government employees, employees of Union Territories, and local governments under the control of the Government of India. CAT has 17 regular benches, with 15 located at the principal seats of High Courts and the remaining two in Jaipur and Lucknow.
Income Tax Appellate Tribunal (ITAT)
The Income Tax Appellate Tribunal deals with disputes and appeals related to income tax in India.
Customs, Excise and Service Tax Appellate Tribunal (CESTAT)
This tribunal handles disputes and appeals related to customs, excise, and service taxes in India.
National Green Tribunal (NGT)
The National Green Tribunal was established in 2010 under the National Green Tribunal Act. It deals with cases related to environmental protection, conservation of natural resources, and the enforcement of legal rights related to the environment. It aims to provide speedy disposal of cases within six months of filing.
Securities Appellate Tribunal (SAT)
The Securities Appellate Tribunal deals with disputes and appeals related to securities and capital market regulations in India.
Armed Forces Tribunal (AFT)
The Armed Forces Tribunal is a military tribunal established under the Armed Forces Tribunal Act of 2007. It handles disputes and complaints related to commissions, appointments, enrolments, and service conditions for persons subject to the Army Act of 1950, the Navy Act of 1957, and the Air Force Act of 1950.
National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT)
The National Company Law Tribunal is a quasi-judicial body that adjudicates issues related to Indian companies. The National Company Law Appellate Tribunal was established under the Companies Act of 2013 to hear appeals against the orders of the NCLT.
Competition Appellate Tribunal (COMPAT)
The Competition Appellate Tribunal deals with appeals and disputes related to competition law and market regulations in India.
Joint Administrative Tribunal (JAT)
When two or more states request a joint tribunal, a Joint Administrative Tribunal is formed. It exercises the powers of administrative tribunals for those states.
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Tribunal jurisdiction
Tribunals in India are quasi-judicial bodies that settle various administrative and tax-related disputes. They derive their authority from constitutional provisions and statutory laws. The 42nd Amendment Act of 1976 introduced Articles 323-A and 323-B, empowering Parliament to establish tribunals for adjudicating disputes concerning recruitment and service conditions of public servants.
Each tribunal has a specific jurisdiction to hear and decide cases within its designated area of expertise. Tribunals under Article 323-A can only deal with service matters, while those under Article 323-B can handle taxation, labour, land reforms, and election-related issues. The Central Administrative Tribunal (CAT), for instance, handles disputes related to civil services under the Central Government.
Some tribunals have appellate jurisdiction, allowing them to hear appeals from lower authorities or government bodies. Appeals from tribunals usually go to the concerned High Court, but certain laws specify the Supreme Court as the appellate authority. The National Green Tribunal (NGT), for example, was established in 2010 under the National Green Tribunal Act to handle cases related to environmental protection and natural resource conservation.
The Supreme Court has emphasised the need for an independent body, the National Tribunals Commission (NTC), to supervise appointments and the functioning of tribunals. This recommendation aims to ensure timely appointments, prevent case backlogs, and establish clear jurisdictional boundaries to avoid conflicts with regular courts.
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Tribunal appointments and administration
Tribunals in India are quasi-judicial bodies that settle various administrative and tax-related disputes. They are established to reduce the caseload of the judiciary and to bring in subject expertise for technical matters.
The administration of tribunals has been a matter of discussion for several years. In 1997, the Supreme Court recommended setting up an independent mechanism for the uniform management of appointments and administration of tribunals. Subsequently, in 2014, the Court specified that administrative support for all tribunals should come from the Ministry of Law and Justice. The Court also stated that tribunals should not seek or be provided with facilities from their parent ministries or departments.
In 2015, the Standing Committee on Personnel, Public Grievances, Law and Justice recommended the creation of an independent body called the National Tribunals Commission (NTC) to oversee all tribunals in India. This recommendation was reiterated by the Supreme Court in 2020, which emphasised the need for the NTC to supervise appointments and the functioning of tribunals.
The NTC is envisioned as a dedicated independent agency that would provide resources, including infrastructure, finances, and human resources, to tribunals. This is seen as a solution to the issue of vacant positions in tribunals, which has been identified as a reason for pending cases.
To ensure the smooth functioning of tribunals, several other measures have been proposed, including:
- Establishing independent selection committees with a majority of judicial members
- Ensuring security of tenure and protection from arbitrary removal for tribunal members
- Filling vacant positions promptly to reduce backlogs
- Implementing e-governance tools for faster case management and online hearings
- Establishing clear jurisdictional boundaries to avoid overlapping with regular courts
- Ensuring that technical members of tribunals possess adequate legal qualifications or receive training to understand legal principles
- Amending existing tribunal laws to align with new criminal codes
- Providing continuous training for tribunal members on new criminal provisions
- Investing in IT systems for e-evidence management and virtual hearings
- Establishing clear guidelines for coordination between criminal courts and tribunals to avoid jurisdictional conflicts
The selection committees of tribunals should include diverse stakeholders, such as the Chief Justice of India or their nominee, the presiding officer of the tribunal or a retired Supreme Court judge, the Secretary to the Ministry of Law and Justice, and secretaries from relevant central government ministries.
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Tribunal law reform
Tribunal law in India refers to the system of quasi-judicial bodies that settle various administrative and tax-related disputes. These include matters under the jurisdiction of the Central Administrative Tribunal (CAT), Income Tax Appellate Tribunal (ITAT), and the National Green Tribunal (NGT), among others. The tribunals were established to reduce the caseload of the judiciary and bring in subject expertise for technical matters.
The tribunal system in India has undergone several reforms over the years to improve its efficiency and effectiveness. Here are some key aspects of tribunal law reform:
- Establishment of the National Tribunals Commission (NTC): In 2015, the Standing Committee on Personnel, Public Grievances, Law and Justice recommended the creation of the NTC as an independent body to oversee the administration, appointments, functioning, and consistency of procedures across all tribunals in India. This proposal was emphasised again by the Supreme Court in 2020.
- Timely Appointments and Filling Vacancies: There have been calls to expedite the appointment process for tribunal members to prevent delays and reduce backlogs. This includes promptly filling vacant positions, as vacancies have been observed as a key reason for pending cases in tribunals.
- Clear Jurisdictional Boundaries: There is a need to clearly define and demarcate the jurisdiction of each tribunal to avoid overlapping with regular courts and conflicting decisions. This includes specifying the subjects that tribunals can adjudicate, such as taxation, labour disputes, and environmental issues.
- Training and Qualifications: Reforms suggest ensuring that technical members of tribunals possess adequate legal qualifications or receive training to understand legal principles. Continuous training on new criminal provisions and clear guidelines for coordination with criminal courts are also recommended.
- Introduction of E-Governance Tools: Implementing e-governance tools and investing in IT systems for virtual hearings, evidence management, and faster case management have been proposed to modernise the tribunal system.
- Simplification of Procedures: Making tribunals more user-friendly and accessible, especially for litigants without legal representation, by simplifying procedures.
- Amendments to Tribunal Laws: Aligning existing tribunal laws with new criminal codes and ensuring that tribunal laws keep pace with legislative changes.
- Regional Benches: Establishing regional benches of tribunals to improve accessibility and reduce the concentration of cases in specific locations.
- Security of Tenure: Ensuring security of tenure for tribunal members and protecting them from arbitrary removal to maintain the independence and stability of the tribunals.
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Frequently asked questions
Tribunals are quasi-judicial bodies that settle various administrative and tax-related disputes, including matters that are under the jurisdiction of Central Administrative Tribunal (CAT), Income Tax Appellate Tribunal (ITAT), and National Green Tribunal (NGT), among others.
Tribunals were introduced to relieve congestion in courts and to lower the burden of cases in courts. They also provide for speedier disposal of disputes relating to service matters.
The constitutional foundation was laid through the 42nd Amendment Act, 1976, which introduced Articles 323-A and 323-B. These articles empower Parliament to establish tribunals for adjudicating disputes concerning recruitment and service conditions of public servants.
In 1997, the Supreme Court recommended setting up an independent mechanism for the uniform management of appointments and administration of tribunals. Subsequently, in 2014, the Court specified that administrative support for all tribunals should be from the Ministry of Law and Justice. In 2020, the Supreme Court emphasised the creation of the National Tribunals Commission (NTC) to supervise appointments and administration.
