India is a democratic country with a complex legal system that provides a variety of mechanisms for dispute resolution. One such mechanism is a tribunal, which is an adjudicatory body that specialises in resolving specific types of disputes. Tribunals in India play a vital role in ensuring efficient and effective justice delivery to citizens. They offer an alternative to the traditional court system and are designed to provide speedy and cost-effective resolution of disputes.

Tribunals in India are established under various laws and statutes, including the Constitution of India, and they have a wide jurisdiction over different types of disputes. They are headed by judicial or administrative members who have relevant expertise in the field they are adjudicating. Some of the prominent tribunals in India include the National Green Tribunal, the Central Administrative Tribunal, the Income Tax Appellate Tribunal, and the Securities Appellate Tribunal.

Need for Tribunals in India

Tribunals play a critical role in the justice delivery system of India. A tribunal is a quasi-judicial body that is created to deal with disputes arising in specific areas of law. Tribunals have been established to provide speedy and efficient resolution of disputes. Following are reasons why tribunals are necessary in India. 

• Overburdened Judiciary: First, the sheer number of cases in the Indian legal system is overwhelming. According to the National Judicial Data Grid, as of January 2023, there were more than 5 crore cases pending in the Indian courts. This backlog is due to a number of factors, including a shortage of judges and court infrastructure, lengthy procedures, and the complex nature of some cases. By establishing tribunals, the government intends to ease the burden on the regular courts, and expedite the resolution of disputes in specific areas of law.
• Specialisation: Tribunals are specialised bodies that are composed of experts in specific fields. For example, the National Green Tribunal is composed of judges and subject experts with specialised knowledge in environmental law, and the Securities Appellate Tribunal is composed of experts in securities law. These specialised tribunals are better equipped to handle complex cases in their respective fields, and can provide more informed and efficient resolutions than regular courts.
• Accessibility: Tribunals are designed to provide a more informal and accessible forum for dispute resolution. The rules of procedure in tribunals are generally simpler and more flexible than those in regular courts. The tribunal process is often less formal, and parties can represent themselves without the need for legal counsel. This makes tribunals a more accessible forum for individuals who may not have the means to hire a lawyer or navigate the complex procedures of regular courts.
• Speedy justice: Tribunals provide a faster resolution of disputes. The procedural rules in tribunals are designed to be more efficient and streamlined than those in regular courts. This means that cases are generally disposed of more quickly in tribunals than in regular courts. This is especially important in areas of law where quick resolution is critical, such as labour disputes, tax appeals, and intellectual property disputes.
• Administrative accountability: Tribunals provide an additional layer of checks and balances in the legal system. In addition to regular courts, tribunals act as a forum for review of administrative decisions. This ensures that decisions made by government agencies and other administrative bodies are subject to scrutiny by independent bodies. This enhances the accountability of government agencies and ensures that the rule of law is upheld.

Constitutional Provisions for Tribunals in India

Tribunal system was not part of the original constitution. The 42nd Amendment Act of 1976 added a new Part XIV-A to the Constitution. This part is titled as ‘Tribunals’ and consists of following articles- 

• Article 323A: It provides for administrative tribunals. The article states that the 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 the service of government.
• Article 323B: It provides for tribunals for other matters. The article states that the appropriate Legislature may, by law, provide for the adjudication or trial by tribunals of any disputes, complaints, or offences with respect to all or any of the matters specified.