India is a big country with huge population. For a large population to get justice, there must be a lot of courts set up. However, even though the country has a Supreme Court, 25 High Courts, and many District Courts, there are still billions of cases that have not been decided yet in the country.
Justice is said to be denied if it isn’t done swiftly. The reason we need Tribunals in the country is because of this reason alone. Courts can get justice more quickly because they help cut down on the number of cases.
They take on certain issues, which frees the courts of those issues. As a way to get around the fact that there are a lot of cases pending in different courts, domestic Tribunals and other Tribunals have been set up under different Statutes. These are called the Tribunals.
The Tribunals were set up to cut down on the work of the courts, help make decisions, and provide a meeting that would be watched by legal advisors and experts in the areas that the Tribunal was in charge of.
The courts do a very important and very specific job when it comes to giving people justice. They make the courts less crowded. They hear debates about things like the climate, military, charge, and regulations.
This is what the judiciary wing of the constitution does. It helps with disputes, reviews decisions, protects basic rights and upholds the law. It makes sure that the country has a common law system. In India, there are three types of courts: the Supreme Court, the High Courts, and the subordinate courts. The district courts and tribunals are the subordinate courts. In the first place, tribunals are under the control of courts, which is the main difference between them.
Courts are set up to keep law and order in the area where they are located. Instead, tribunals are a part of the legal system that deals with direct taxes, labour, cooperatives and claims for accidents. They are also a part of the judicial system.
Difference between Courts and Tribunals
What is a Tribunal – its roles and functions
Tribunals are quasi-judicial entities formed to decide cases brought before them pursuant to a particular statute. Tribunals adjudicate cases and administer justice in a particular category of cases, such as various administrative or tax-related disagreements. Tribunals are established by legislation that describe its composition, process, and authority.
Numerous tribunals form our judiciary, including the following:
• Central administrative tribunal
• Appellate tribunals for income tax
• Industrial tribunals
• Appellate tribunals for company law
The term ‘Tribunal’ derives from the Latin term ‘Tribunes,’ which refers to the Classical Roman Republic’s Magistrates.
As previously stated, tribunals were formed to alleviate the court’s caseload and expedite the administration of justice. They are established to conduct a variety of responsibilities, including resolving disputes, assessing the rights of disputing parties, making administrative decisions, and reviewing previous decisions.
Tribunals were established in 1976 as a result of the 42nd Amendment to the Constitution. This Amendment introduced the term “Tribunal” into the Constitution via Article 323A and 323B. However, India’s first tribunal was the Income Tax Appellate Tribunal, which was established in 1941.
Article 323A empowers Parliament to establish Tribunals to resolve disputes involving sectors of Public Services. It reads,
“Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government”.
Article 323B vests the Parliament and State Legislatures with entire authority to create Tribunals pursuant to Clause (1) for the adjudication of any dispute, complaint, or offence relating to the topics stated in Clause (2) of the same Article. As stated in the Clause,
“The relevant Legislature may establish by legislation for the adjudication or trial by tribunals of any disputes, complaints, or offences relating to all or any of the subjects stated in subsection (2) for which the appropriate Legislature has legislative authority.”
The issues discussed in Clause (1) of the Article are described quite plainly in Clause of the Article, as are the matters for which the Legislature has the authority to establish Tribunals. As stated in the Clause,
“The following are the topics alluded to in clause (1):-
(a) levying, assessing, collecting, and enforcing taxes;
b) foreign exchange, import and export over international customs borders;
c) labour and industrial conflicts;
(d) land reforms via the acquisition by the State of any estate as described in article 31A or any rights therein, or through the extinction or modification of any such rights, or through the imposition of a ceiling on agricultural land, or through any other means;
d) a cap on the value of urban property;
f) elections to either House of Parliament or to either House of a State’s Legislature, but omitting the topics referred to in articles 329 and 329A;
(g) the production, procurement, supply, and distribution of food-stuffs (including edible oilseeds and oils) and such other items as the President may consider essential for the purposes of this article by public declaration, as well as the price control of such goods;
(h) rent, its regulation and control, and tenancy concerns, including landlords’ and renters’ rights, ownership, and interests;
I violations of laws relating to any of the issues stated in subclauses (a) to (h), as well as costs relating to any of those matters;
(j) any ancillary matter to any of the things described in subclauses (a) to I
The subjects covered by these ten sub-headings are those specified in Clause (2) for which the Legislature may create Tribunals under the Article.
What are Courts – its roles and functions
The court may be defined as the government-established judiciary entity charged with adjudicating conflicts between competing parties through a formal legal process. Its mission is to administer justice in civil, criminal, and administrative cases in accordance with the rule of law. In summary, a court is a government entity where a judge, a panel of judges, or a magistrate decides legal questions. The many sorts of courts are as follows:
• Supreme Court: The Supreme Court is the highest court in the land. It is a court of record. All courts in the nation are bound by the Supreme Court’s law. It hears appeals from the High Court and various tribunals in civil and criminal cases. It is the guardian and guarantor of people’ basic rights.
• High Court: The High Court is the state’s supreme judiciary, with civil and criminal, general and special jurisdiction. It has supervisory authority over inferior courts and tribunals. There are a total of 25 High Courts.
• Subordinate Courts: Each jurisdiction has a number of civil and criminal courts, both original and appellate. These courts serve the same purpose throughout the country, with minor changes.
All courts have varying authorities, for example, the Supreme Court has original jurisdiction under Article 131 of the Constitution and may also consider writs pursuant to Article 32. High courts have appellate authority and, pursuant to Article 226 of the Constitution, may also issue writs.
District courts are classified according to their jurisdiction, for example, criminal cases are heard in sessions courts.
The court may be thought of as the legal entity established by the public authority to settle disputes between disputing parties via a formal legal cycle. Its objective is to ensure equity in common, criminal, and regulatory matters, in accordance with law and order.
The judiciary in India is defined by a well-defined structure of judicial organisations that operate in a hierarchical system to uphold the law and guarantee equal justice for all. The Indian judiciary is made up of both courts and tribunals that are charged with enforcing the law of the nation. Both of these committees were established to ensure the maintenance of law and order and the rule of law across our nation’s territory.
To administer justice in a large country like India, both Tribunals and Courts are required. Although Tribunals deal with a limited number of sorts of issues, they alleviate the Courts’ workload by taking on certain matters, therefore speeding up the justice delivery process.
There are several distinctions between Tribunals and Courts. Both, however, are autonomous and have distinct responsibilities.
They both complement one another and are critical to the process of administering justice to the country’s residents.
- The Constitution of India
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.
Do follow me on Facebook, Twitter Youtube and Instagram.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems at email@example.com
In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.
Leave a Reply