TRIBUNALS

Tribunals are the particular type of court which deals with only specific cases for which that particular type of tribunal has been made. The provision of forming tribunal was not in the original constitution, it was added to the constitution by adding a new part-14A by the 42nd amendment act of 1976. This part consisting of only 2 articles, article 323A which deals with administrative tribunals and article 323B of this part deals with tribunals for other matters.

Tribunals are formed for speedy justice and to reduce the work load of civil and criminal cases. Because we all know that there is a big quantity of pending cases in courts and justice is always delayed because of several reasons. The tribunals perform an important and specialised role in justice mechanism.

So tribunal is a quasi judicial institution that is set up to deal with problems such as resolving administrative or tax related dispute. It performs a number of functions like adjudicating disputes, determining rights between contesting parties, making an administrative decision, reviewing an existing administrative decision and so forth. They hear disputes related to the environment, armed forces, tax and administrative issues.

Examples of tribunal

1. Armed forces tribunal

This is a military tribunal established under the armed forces tribunal act, 2007. It settles disputes with respect to the commission, emoluments, appointments and service conditions of personnel in the armed forces. Its principal bench is in New Delhi and it also has 10 regional benches.

2. National green tribunal

It was formed in 2010 for effective and expeditious disposal of cases that are related to the protection and conservation of the environment, forests and other natural resources.

Article 323A administrative tribunals

Article 323A empowers the parliament to provide for the establishment of administrative tribunals for the adjudication of disputes relating to recruitment and conditions of service of persons appointed to public services of the centre, the states, local bodies, public corporations and other public authorities.

In other words, article 323A enables the parliament to take out the adjudication of disputes relating to the service matters from the civil courts and the high courts and place it before the administrative tribunal. In pursuance of article 323A, the parliament has passed the administrative tribunal act in 1985. This act opened a new chapter in the sphere of providing speedy and inexpensive justice to the aggrieved public servants.

Central administrative tribunal (CAT)

CAT was set up in 1985 with the prinicipal bench at Delhi and additional benches in different states. The CAT exercises original jurisdiction in rakation to recruitment and all service matters of Public servants covered by it.  Its jurisdiction extends to the all India services, the central civil services, civil posts under the centre and civilian employees of defence services.

Article 323B – tribunals for other matters

Under article 323B, the parliament and the state legislatures are authorised to provide for the establishment for tribunals for the adjudication of disputes relating to the following matters:

  • Taxation
  • Foreign exchange, import and export
  • Land reforms
  • Ceiling on urban property
  • Election to parliament and state legislatures
  • Food stuffs
  • Rent and tenacy rights

In Chandra Kumar case (1997), the supreme court declared those provisions of these two articles which excluded the jurisdiction of high courts and the supreme court as the supreme court as unconstitutional. Hence the judicial remedies are now available against the orders of these tribunals

Hence this is all about the tribunals, their needs, their functions which they perform.

Refrences

https://www.drishtiias.com/important-institutions/drishti-specials-important-institutions-national-institutions/tribunals-1

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