TRIBUNAL SYSTEM IN INDIA 

Origin: Swaran Singh Committee (1976) noted that High Courts were burdened with service cases by public servants and the 42nd amendment to the Constitution was passed (Articles 323A and 323B inserted).

  • About Tribunals System: Tribunals are quasi-judicial bodies. The objective may be to reduce the caseload of the judiciary or to bring in subject expertise for technical matters. 
  • Constitutional Recognition: In 1976, Articles 323A and 323B were inserted in the Constitution of India through the 42nd Amendment. 
  • Article 323A: Empowered 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: Specified certain subjects (such as taxation and land reforms) for which Parliament or state legislatures may constitute tribunals by enacting a law. 
  • Composition of Tribunals: Expert members (technical members) along with judicial members
  • 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. 
    • In Chandra Kumar Case (1997), appeals against decisions of tribunals were allowed in the division bench of High Courts. 
  • Currently, tribunals have been created both as substitutes to High Courts and as subordinate to High Courts. 

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