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Competence of Tribunals

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Competence of Tribunals

Tribunals are specialised adjudicatory bodies created to provide expert, speedy and inexpensive resolution of particular categories of disputes.

Jurisdictional Competence

  • Specialised statutory jurisdiction
    • A tribunal can adjudicate only those subject matters and disputes assigned to it by its parent legislation, such as service, taxation, environmental or company-law disputes.
  • Court of first instance
    • In L. Chandra Kumar case the Supreme Court opined that the tribunals function as courts of first instance in matters falling within their jurisdiction. However, decisions of these tribunals will be subject to scrutiny by a division bench of the High Court within whose jurisdiction the concerned tribunal falls. 
  • Power of judicial scrutiny
    • The Supreme Court in the L. Chandra Kumar case has ruled that the Tribunals established under 323A and 323B may decide questions on constitutional validity of statutory provisions. However, they will be considered as a supplement rather than as substitutes to High Courts on such matters. Thus, their decisions on such matters may be examined by a division bench of the High Court. 
    • Further, the Supreme Court stated that they cannot determine the validity of the parent statute under which they themselves were created.
    • Such matters must be adjudicated directly by High Courts. 
  • Limited finality of decisions
    • Their decisions are not constitutionally final and remain subject to judicial review by High Courts under Articles 226 and 227.

Subject-Matter Competence

  • Technical expertise
    • The inclusion of technical and domain experts enables tribunals to adjudicate complex disputes involving taxation, environment, companies and public administration.
  • Combination of legal and technical knowledge
    • Judicial members provide legal expertise, while technical members contribute specialised knowledge. This combination can improve the quality of adjudication.

Procedural Competence

  • Procedural flexibility
    • Tribunals are generally guided by natural justice rather than the rigid requirements of the Civil Procedure Code, facilitating simpler adjudication.

Functional Competence

  • Speedy adjudication
    • Tribunals are expected to resolve specialised disputes faster through simplified procedures and focused jurisdiction. 
  • Cost-effective justice 
    • Simplified procedures and reduced formalities lower litigation costs and make specialised adjudication more affordable. 
  • Reduction of court burden
    • By handling specialised and high-volume disputes, they can allow ordinary courts to focus on other civil and constitutional matters.

Tribunals can fulfil their intended purpose only when their specialised expertise is supported by adequate institutional capacity, independence and procedural fairness. 

Sample Mains Question

1.“Tribunals were created to combine specialised expertise with speedy and inexpensive adjudication, but they remain subject to the supervisory jurisdiction of constitutional courts.” Examine the competence of tribunals in India in light of the Supreme Court’s judgment in L. Chandra Kumar v. Union of India.
(250 Words, 15 Marks)

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