Meaning and Origin
- A tribunal is a quasi-judicial institution established to adjudicate disputes in specific domains such as administrative, tax, environmental, and service matters.
- Derived from the Latin word ‘Tribunes’, referring to Roman officials who protected citizen rights against arbitrary actions by magistrates.
2. Constitutional Provisions
Tribunals were introduced via the 42nd Constitutional Amendment Act, 1976:
- Article 323-A: Administrative Tribunals (public service matters)
- Article 323-B: Other Tribunals (taxation, land reforms, etc.)
Comparison: Article 323-A vs. Article 323-B
| Aspect | Article 323-A | Article 323-B |
| Scope | Public service matters | Broader domain (e.g., tax, elections) |
| Establishing Authority | Parliament only | Parliament & State Legislatures |
| Hierarchy | No hierarchy | Hierarchy of Tribunals possible |
- Article 262: Empowers Parliament to adjudicate inter-state river water disputes (via ISRWD Act, 1956)
Need for Tribunals
- To reduce the backlog in traditional courts
- Provide specialized forums with domain expertise (e.g., tax, environment)
- Deliver speedy and cost-effective justice
- Function as supplementary mechanisms under the justice system
Types of Tribunals
A. Administrative Tribunals (Article 323-A)
- Established under: Administrative Tribunals Act, 1985
- Types:
- Central Administrative Tribunal (CAT) – for central government employees
- State Administrative Tribunals (SAT) – established at request of state governments
- Joint Administrative Tribunals (JAT) – for two or more states
- Structure: Comprises judicial and administrative members
- Appeals: Lie to the concerned High Court (post L. Chandra Kumar case, 1997)
Central Administrative Tribunal (CAT)
- Set up in 1985
- Jurisdiction: Service matters of Central Govt. employees, PSUs, Union Territories
- 17 benches across India, headquartered in Delhi
- Members from both judicial and administrative fields
C. Other Important Tribunals (Article 323-B)
| Tribunal | Purpose |
| Income Tax Appellate Tribunal (ITAT) | Appeals under Income Tax Act, 1961 |
| Customs, Excise and Service Tax Appellate Tribunal (CESTAT) | Indirect tax disputes |
| National Green Tribunal (NGT) | Environmental protection (est. 2010) |
| Armed Forces Tribunal (AFT) | Matters related to service in armed forces (est. 2007) |
| Water Disputes Tribunal | Inter-state water disputes under ISRWD Act, 1956 |
| Securities Appellate Tribunal (SAT) | Appeals against SEBI decisions |
| Competition Appellate Tribunal (COMPAT) | Merged with NCLAT (2017) |
Judicial Review and Tribunal Independence
- Post L. Chandra Kumar (1997) case, High Courts and Supreme Court regained their jurisdiction over tribunal decisions
- Tribunals are subject to judicial review, reinforcing constitutional supremacy
Challenges with Tribunals
- Executive control over appointments and service conditions
- Inadequate infrastructure and lack of full-time members
- Undermining of judicial independence through ad-hocism
- Delay in filling vacancies and implementing reforms
Way Forward
- Ensure autonomy and impartiality of tribunals
- Strengthen the appointment process through judicial oversight
- Provide adequate infrastructure, staff, and digital systems
- Develop code of procedure tailored for tribunals balancing efficiency with justice