All of us, though we live times which is expected to be very broader, innovative and functional we do not know our own civil society and its structure. When we talk about Tribunal and Courts, most of us believe that they have same functions and both are similar but we need to understand that if they were similar to each other why do we have different names and if they are different from each other, in what ways and on the basis of what are they different from each other are the questions for which we need to know the answer.
In order to have a systematic administrative life we have there essential organs of the government they are Legislature, Executive, and Judiciary. Judiciary is in common usage a court and in this article we will know that is Tribunal same as court and when its different what functions do they differently perform, its jurisdiction and more detalis.
THE BASIC IDEA
India is a very established country we have District courts, Session courts, lok adalats, Consumer courts or forums, High courts and then Supreme court but still we have so many pending cases many of them from years therefore for a better and systematic administration we have Tribunals for each Departments of the government. All the disputes which are departmental disputes and related to them are dealt in these Tribunals each department has its own tribunal for their state.
DIFFERENCE IN MEANING
Court is a Judicial body that is traditionally active, it has History as a tradition and works mostly as it used to, whereas the Administrative tribunal is an agency created by a statute, endowed with judicial powers. Court is way broader in its every way and the Tribunal is a bit narrow and it is originally in order to lessen the burden from the courts.
DIFFERENCE IN NATURE
Just like any court, a tribunal has a permanent establishment. There’s a bench of adjudicators who are responsible to pronounce a just and fair decision in favor of the aggrieved party. As compared to a court, the proceedings of a tribunal are less formal and speedy. The courts are expected to be rigid in their functions because they’re directed to do so as per the rules and code of conduct. Their performance is reported to the higher courts that initiate misconduct proceedings in absence of obedience to proper conduct. In tribunals, the adjudicators are selected from the organization or the department itself. The department makes its own sets of rules and they’re relatively flexible and informal. The central Administrative Tribunal had been established under article 323A of Constitution of India in order to fulfill the purpose of adjudication of disputes and complaints with regard to recruitment and conditions of services of persons appointed to public services and posts in connection with the affairs of the union or other authorities.
DIFFERENCE IN POWERS AND FUNCTIONS
The Court exercises only judicial functions. All Courts are tribunals, but all tribunals are not courts. It can decide the validity of legislation. The courts do not follow investigatory or inquisition functions, rather it decides the case on the basis of evidence. The decision of the court is objective in nature, primarily based on the evidence and materials produced before the court. It is presided over by an officer expert in the law.
Administrative Tribunals undertake various other administrative functions. Administrative Tribunals undertake various other administrative functions. It cannot decide the validity of legislation. Many tribunals perform investigatory functions as well, along with their quasi-judicial functions. The decision is subjective, i.e. at times, it may decide the matters taking into account the policy and expediency. It is not mandatory in every case that the members need to be trained and experts in the law.
DIFFERENCE IN FEES
The court fee is regarded on the basis of the subject matter of the case, it’s expenses becomes higher if the case is worth billions of rupees accordingly but the Tribunals fee is less expensive and gives speedy resolution.
DIFFERENCE IN TECHNICALITY
In court we have judges who listens to, both the parties involved as an expertise to resolve the dispute by hearing out, considering the facts and details with evidences and then orders for the best seen damages or punishment or penalty.
In Tribunals we see, Another reason for the efficacy of the tribunals is the expertise of the adjudicators in the relevant field. For example, a person sitting to adjudicate upon a matter in a custom tribunal will be a custom officer. So he will have the know-how related to his department more than a judge of any court, which is more broader and it also does the Decentralization of power of judiciary.
DIFFERENCE IN JURISDICTION
The concept of Jurisdiction in Tribunal is very broad since it deals with departmental issues, it is very broader, concerned with only the matters related to a specific department, it makes its jurisdiction limited. On the other hand, a court has matters coming from all the areas involving disputes related to civil, criminal, family, corporate and business matters.
TRIBUNALS IN INDIA-
Income Tax Appellant Tribunal, Central Administrative Tribunal, Armed Forces Tribunal, Employment Tribunal, etc.
The difference between the Court and the tribunal is not usually known it is different and the its basic idea is to Decentralize the jurisdiction and decrease the burden of the courts and make these bodies more efficient and productive, This article helps in understanding this concept widely, I hope this would be really helpful for those who search for this.
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