Tribunals The function, constitution and procedure of tribunals
📘 Tribunals: Function, Constitution, and Procedure – Detailed Explanation with Case Law
🧾 What is a Tribunal?
A Tribunal is a quasi-judicial body established to resolve disputes in specific fields such as taxation, service matters, environment, consumer protection, etc. Tribunals are not full-fledged courts, but they perform judicial or quasi-judicial functions and are empowered to adjudicate under a specific statute.
📌 Constitutional Basis
In India, Article 323-A and Article 323-B of the Constitution provide for the establishment of tribunals.
Article 323-A – Pertains to administrative tribunals (e.g., Central Administrative Tribunal).
Article 323-B – Deals with tribunals for other matters (taxation, land reforms, industrial disputes, etc.).
🏛️ 1. Functions of Tribunals
Tribunals perform specialized adjudicatory functions, such as:
| Area of Law | Example Tribunal |
|---|---|
| Service Law | Central Administrative Tribunal (CAT) |
| Taxation | Income Tax Appellate Tribunal (ITAT) |
| Environmental Law | National Green Tribunal (NGT) |
| Corporate Law | National Company Law Tribunal (NCLT) |
| Consumer Law | Consumer Disputes Redressal Commissions |
Key functions include:
Resolving disputes under relevant statutes.
Providing quicker and cost-effective justice.
Reducing burden on regular courts.
Bringing expertise to technical or complex matters.
⚙️ 2. Constitution of Tribunals
Tribunals are constituted by statutes passed by Parliament or State Legislatures.
Features of Tribunal Constitution:
Chairperson/President (usually a former judge)
Judicial Members (qualified as judges or lawyers)
Technical/Expert Members (in fields like accountancy, engineering, environment, etc.)
Appointment and tenure are governed by rules laid out in the enabling statute or Tribunal Reforms Act.
🧭 3. Procedure of Tribunals
Tribunals follow a simplified and less formal procedure than courts.
Not bound by strict rules of the Civil Procedure Code (CPC).
Must follow principles of natural justice.
Can regulate their own procedure (as per enabling law).
Usually allows legal representation, submission of affidavits, evidence, and arguments.
Decisions are often appealable to High Courts or Supreme Court, depending on the statute.
⚖️ Key Case Laws on Tribunals (with Detailed Explanation)
1. S.P. Sampath Kumar v. Union of India (1987) 1 SCC 124
Facts:
Challenge to the validity of the Administrative Tribunals Act, 1985.
Issue:
Whether exclusion of High Court jurisdiction under Article 226, 227 by tribunals was constitutional.
Holding:
The Supreme Court upheld the Act but emphasized that tribunals must provide equally effective alternative to High Courts.
Significance:
Laid the foundation for tribunalization of justice in India.
Highlighted the need for judicial independence and effectiveness in tribunals.
2. L. Chandra Kumar v. Union of India (1997) 3 SCC 261
Facts:
Constitutionality of exclusion of judicial review by tribunals under Articles 323A and 323B was challenged.
Issue:
Can Parliament bar the High Court's power of judicial review over tribunal decisions?
Holding:
No. The Supreme Court ruled that judicial review is part of the basic structure, and High Court jurisdiction under Articles 226/227 cannot be excluded.
Significance:
Landmark case that restored judicial review over tribunals.
Held that tribunals are supplementary, not a substitute for constitutional courts.
3. Union of India v. Madras Bar Association (2010) 11 SCC 1
Facts:
Challenge to the constitutional validity of the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT).
Issue:
Whether NCLT and NCLAT, with administrative members, can perform judicial functions?
Holding:
Tribunals are valid but must maintain judicial standards — e.g., appointment of judges, security of tenure, etc.
Significance:
Emphasized judicial independence and proper qualification of members.
Clarified the structure and appointment process must reflect judicial integrity.
4. R.K. Jain v. Union of India (1993) 4 SCC 119
Facts:
Dealt with functioning and structure of Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT).
Issue:
Concerns regarding delays and procedural flaws in tribunal functioning.
Holding:
Court emphasized that tribunals must function efficiently and independently to fulfill their intended purpose.
Significance:
Raised concerns about the efficiency and competence of tribunals.
Called for procedural reforms and accountability in tribunals.
5. Madras Bar Association v. Union of India (2021) 7 SCC 369
Facts:
Challenge to Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, particularly regarding tenure and appointment.
Issue:
Do the new rules affect the independence and efficacy of tribunals?
Holding:
Supreme Court struck down provisions that fixed short tenure and allowed the executive dominance in appointments.
Significance:
Reinforced judicial primacy in appointments to tribunals.
Highlighted the importance of independence and stability in the tribunal system.
📊 Summary Table of Key Tribunal Cases
| Case Name | Year | Issue | Key Principle Established |
|---|---|---|---|
| S.P. Sampath Kumar v. UOI | 1987 | Validity of Administrative Tribunals Act | Tribunals must provide effective judicial alternative. |
| L. Chandra Kumar v. UOI | 1997 | Exclusion of judicial review | Judicial review is part of basic structure. |
| Union of India v. Madras Bar Assn | 2010 | Structure of NCLT/NCLAT | Tribunals need judicial qualifications and independence. |
| R.K. Jain v. UOI | 1993 | Functioning of CEGAT | Emphasis on efficiency and procedural integrity. |
| Madras Bar Assn v. UOI | 2021 | Tenure and appointment under Tribunal Reforms Act | Executive control violates judicial independence. |
🧠 Key Takeaways
✅ Tribunals Are Essential Because:
They specialize in particular fields.
Provide quick and accessible justice.
Help reduce the burden on traditional courts.
❌ Challenges Faced by Tribunals:
Concerns over executive interference.
Short tenures and poor infrastructure.
Lack of uniform procedure.
Limited appeal mechanism in some cases.
📈 Recent Trends and Reforms:
Increasing use of digital/online tribunals.
Reforms through Tribunal Reforms Act, 2021.
Emphasis on merit-based appointments and minimum tenure for independence.
✅ Conclusion
Tribunals play a critical role in the Indian legal system, particularly in areas requiring technical expertise and speedy justice. They must:
Be constitutionally sound,
Maintain independence from executive control,
Follow natural justice principles, and
Remain subject to judicial review.
Case law has been pivotal in shaping the structure, function, and limitations of tribunals — ensuring that while they assist in justice delivery, they do not become a parallel or unchecked authority.
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