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Tribunals in India: Constitutional Basis and Judicial Position

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Tribunals in India: Constitutional Basis and Judicial Position

Tribunals are specialised quasi-judicial bodies established to adjudicate disputes in particular fields such as taxation, public services, company law, environment and armed forces. Examples include the CAT, NGT, NCLT, NCLAT and AFT.

They were created to provide speedy, inexpensive and expert adjudication and reduce the burden on ordinary courts.

Constitutional Basis

  • Article 323A – Administrative Tribunals
    • Article 323A empowers 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 – Tribunals for other matters
    • Parliament and State Legislatures may establish tribunals for matters such as taxation, labour disputes, land reforms and elections, subject to their legislative competence.
    •  In 2010, the Supreme Court clarified that the subject matters under Article 323B are not exclusive, and legislatures are empowered to create tribunals on any subject matters under their purview as specified in the Seventh Schedule of the Constitution

Constitutional Validity: Judicial Position

  • S.P. Sampath Kumar v. Union of India, 1987
    • It is constitutionally valid for Parliament to create an alternate institution to High Courts with jurisdiction over certain matters provided that the alternate body has the same efficacy as that of the High Court.  Such tribunals will be considered substitutes of the High Courts. 
  • L. Chandra Kumar v. Union of India, 1997
    • The Court held that judicial review under Articles 32 and 226/227 forms part of the Constitution’s basic structure. Therefore:
      • Tribunal decisions remain subject to scrutiny by Division Benches of High Courts.
      • Tribunals function as courts of first instance in their specialised fields.
      • A tribunal which substitutes High Courts as an alternative institutional mechanism for judicial review (to lessen the burden on High Courts) must have the status of High Courts. 
      • Provisions completely excluding High Court jurisdiction are unconstitutional.
  • Union of India v. R. Gandhi, 2010 
    • Parliament may create an alternate mechanism to High Courts on subject matters in the Union List.

Tribunals are constitutionally valid mechanisms for specialised adjudication and may replace ordinary courts as forums of first instance. However, they cannot exclude judicial review by High Courts under Articles 226 and 227, as such review forms part of the Constitution’s basic structure.

Sample Mains Question

1.“Tribunals are constitutionally valid mechanisms of specialised adjudication, but they cannot become substitutes for the constitutional courts in the exercise of judicial review.” Discuss in light of the Supreme Court’s jurisprudence on tribunals in India. (250 Words, 15 Marks)

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