Tribunals in India: Types, Functions, and Reforms

TOPIC CLASSIFICATION

Subject: Indian Polity - Judiciary
Sub-topic: Tribunals (Part XIV-A, Art. 323A & 323B)
Mains GS Paper-II: Structure, organisation, and functioning of the judiciary; tribunals and other quasi-judicial bodies.

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EXAMINER REASONING

Tribunals are a crossover topic between Polity and Administrative Law. Prelims tests constitutional provisions (Part XIV-A, Art. 323A/323B), the distinction between Central Administrative Tribunal (CAT) and other tribunals, and the effect of the Finance Act 2017 (tribunal reform). Mains demands analysis of: (a) tribunalisation of justice - pros and cons, (b) the L. Chandra Kumar (1997) judgment on judicial review, (c) post-2017 reforms (composition, appointment). The examiner's favorite angle is the tension between efficiency and judicial independence.

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Core Concept

Definition: Tribunals are quasi-judicial bodies created to adjudicate disputes in specialised areas - faster, more expert resolution than regular courts.

Constitutional Basis:

• Part XIV-A (Articles 323A, 323B) - inserted by 42nd Amendment, 1976
• Art. 323A: Parliament can establish administrative tribunals for service matters of public employees
• Art. 323B: Parliament and state legislatures can establish tribunals for other specific subjects (tax, land, industrial/labour, elections, rent, etc.)

Evolution: