Tribunals in India

Context:

• The Supreme Court has made it clear that tribunals do not have the authority to direct the government to frame policy.

What are Tribunals?

1. Tribunals are like special courts that handle specific types of disputes or cases.
2. They're set up to make decisions on certain legal matters outside the regular court system. In India, they operate as alternative mechanism to traditional courts.
3. These institutions often work with specific timeframes to ensure cases are resolved swiftly, avoiding prolonged legal processes.
4. Also, they are cost-effective and provide decentralized dispute resolution.

Salient Features of Tribunals in India:

1. Tribunals are not strictly bound by Civil Procedure Code (CPC) which allows them flexibility in conducting proceedings.
2. They make judgements using the Principles of Natural Justice. These principles include:
   1. Right to Fair Hearing: Everyone gets a chance to speak and be listened to.
   2. Rule against bias: The person making decisions shouldn't favor anyone and decisions should be based on evidence.
   3. Chance to Respond: Everyone involved can reply to what's said against them.
   4. Right to reasons for decisions: Parties involved have the right to understand why a decision was made. Tribunals typically provide explanations for their rulings, allowing parties to comprehend the basis for the decision.
3. These bodies often consist of experts in specific fields, allowing them to make informed decisions related to specialized areas. For example - National Green Tribunal deals with environmental disputes.
4. They are Quasi-judicial institutions which means they do not have full-fledged court like powers but performs functions resembling those of a court.
5. They are adjudicatory bodies i.e. they resolve disputes by reviewing evidence & applying laws to reach conclusions.
6. They often serve as Appellate Authority where decisions made by lower bodies can be appealed for reconsideration or review.

What is the Constitutional Provision for tribunals?

1. 42nd Amendment Act of 1976 introduced Part XIV-A, comprising only two articles related to tribunals which are:

1. Article 323A which allows establishment of an administrative tribunals by Parliament. Subsequently, Administrative Tribunals Act in 1985 was enacted which empowers the Central Government to establish both the Central Administrative Tribunal and state-level administrative tribunals.
2. Article 323B, on the other hand, deals with tribunals for matters other than administrative ones.

Classification of Tribunals In India:

1. Central Administrative Tribunal (CAT): It deals with disputes related to the recruitment and service conditions of government employees.
2. Securities Appellate Tribunals (SATs): They handle appeals against decisions made by regulatory authorities in the securities market, dealing with matters like stock exchanges and securities laws.
3. Judicial Appellate Tribunals (JAT): They hear appeals against decisions made by lower courts or authorities.
4. National Green Tribunal (NGT): It specializes in environmental protection and conservation, addressing matters related to environmental laws and regulations.
5. Foreigners Tribunals: They deal with cases related to the citizenship status of individuals, especially for those suspected of being illegal immigrants.
6. National Company Law Tribunal (NCLT): This tribunal handles cases related to company law and proceedings for companies in India.
7. Telecom Disputes Settlement and Appellate Tribunal (TDSAT): It deals with disputes and grievances in the telecommunications sector, including matters related to licensing, tariffs and consumer issues.

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