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.
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.
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:
Phase
Key Development
1976
42nd CAA added Part XIV-A — empowered establishment of tribunals
1985
CAT established (Administrative Tribunals Act, 1985)
1997
L. Chandra Kumar v. Union of India — SC struck down Art. 323A(2)(d) that excluded High Court jurisdiction; held tribunals are subject to
NTT Act — National Tax Tribunal struck down by SC (2015)
2017
Finance Act, 2017 — abolished 8 tribunals, merged them into 5; amended qualifications and appointment process
Types of Tribunals:
Tribunal
Subject
Established Under
CAT
Service matters of central govt employees
Admin. Tribunals Act, 1985
ITAT
Income-tax disputes
Income-tax Act, 1961
SAT
Securities market (SEBI orders)
SEBI Act, 1992
CESTAT
Customs, Excise, Service Tax
Finance Act, 2017 (merged CEGAT + CUSTOMS)
Armed Forces Tribunal
Defence personnel
AFT Act, 2007
Debt Recovery Tribunal (DRT)
Banking debts
RDDBFI Act, 1993
NCLT
Corporate law/insolvency
Companies Act, 2013
Green Tribunal (NGT)
Environmental disputes
NGT Act, 2010
Key Features:
Members include judicial members (High Court judges) and expert members (domain specialists)
Decisions can be challenged before High Court (Art. 226/227) and then Supreme Court
No bar on High Court jurisdiction after L. Chandra Kumar
Post-2017: Search-cum-selection committee replaced traditional appointment process
Key Facts
Feature
Detail
Constitutional Articles
323A (admin tribunals), 323B (other tribunals)
Part
XIV-A (added by 42nd CAA, 1976)
Total tribunals post-2017 merger
19 major tribunals (reduced from 26)
Appeal from tribunal
High Court under Art. 226/227
L. Chandra Kumar (1997)
SC struck down exclusion of HC jurisdiction over tribunals
PYQ Table
Year
Question
Type
2022
"The tribunalisation of justice in India has both advantages and disadvantages."
Mains
2020
With reference to the Central Administrative Tribunal, consider the following...
Prelims
2019
"Analyze the impact of the 2017 Finance Act on the functioning of tribunals."
Mains
2017
"Tribunals are not a substitute for courts but an alternative. Elucidate."
Mains
2015
Consider the following statements about NGT...
Prelims
Statement Elimination Guide
Statement
Truth Value
Why?
"CAT was established under Art. 323B"
False
CAT is under Art. 323A (service matters)
"Decisions of tribunals cannot be challenged in courts"
False
L. Chandra Kumar (1997) held HC jurisdiction under Art. 226/227 cannot be excluded
"Part XIV-A was added by the 44th Amendment"
False
Added by 42nd Amendment (1976)
"NGT is bound by CPC and Evidence Act"
Partially True
NGT is not strictly bound — it follows principles of natural justice (NGT Act, s. 19)
"Finance Act 2017 merged all tribunals into 5"
False
It merged 8 tribunals into 5 — not all tribunals
Current Affairs Hook
2023–24: The Tribunal Reforms Act, 2021 and Tribunal Reforms (Rationalisation of Conditions of Service) Ordinance, 2021 continue to be challenged in court. Madras Bar Association cases challenged the composition of tribunals post-2017 on grounds of judicial independence — SC struck down certain provisions (2023). The NCLT vacancy crisis (2023) led to thousands of pending IBC cases. The SC in 2023 held that tribunals must have a judicial member as Chairperson.
Interlinkages
→ Judiciary (GS-II): Tribunals vs. High Courts — concurrent jurisdiction, Art. 226/227
→ Administrative Law (GS-II): Quasi-judicial bodies, natural justice
→ IBC (GS-III): NCLT — resolution of insolvency cases