The various kinds of tribunals in India

1. DIFFERENT TYPES OF TRIBUNALS
SUBMITTED BY,
BINI. R.A,
SCHOOL OF EXCELLENCE IN LAW,
CODE: Ll17.

2. ETYMOLOGY:
TRIBUNAL DERIVED
FROM THE WORD
TRIBUNES WHICH
MEANS MAGISTRATES
OF THE CLASSICAL
ROMAN REPULIC
MEANING:
A QUASI-JUDICIAL
INSTITUTION TO DEAL
WITH PROBLEMS SUCH
AS ADMINISTRATIVE OR
TAX RELATED DISPUTES
OBJECTIVE:
i. SPEEDY JUSTICE
ii. INEXPENSIVE
iii. DECENTRALISED
ADJUDICATION OF
DISPUTES
NEED:
i. TO REDUCE WORKLOAD
OF COURTS
ii. OVERCOME PENDENCY
OF CASES IN COURTS
iii. NEED FOR EXPERTS
FUNCTIONS:
i. ADJUDICATING DISPUTES
ii. DETRMINING RIGHTS
BETWEEN PARTIES
iii. MAKING AND REVIEWING
ADMINISTRATIVE DECISION
WHAT IS A TRIBUNAL?

3. TRIBUNALS WERE NOT PART OF THE CONSTITUTION WHEN IT WAS
ADOPTED IN 1950. THE 42ND CONSTITUTIONAL AMENDMENT ACT,
1976 ADDED ARTICLES 323A AND 323B TO DEAL WITH TRIBUNALS
ART 323A – ESTABLISHMENT OF ADMINISTRATIVE TRIBUNALS BY A
PARLIAMENT LAW FOR THE ADJUDICATION OF DISPUTES RELATED TO
CENTRAL AND STATE GOVERNMENT EMPLOYEES WITHIN INDIA
ART 323B – ESTABLISHMENT OF TRIBUNAL FOR LEVY, ASSESSMENT,
COLLECTION & ENFORCEMENT OF TAX, FOREIGN EXCHANGE, LABOUR
DISPUTES, RENT, LAND REFORMS, CEILING OF URBAN PROPERTY, ETC
ART 262 – ROLE OF CENTRAL GOVERNMENT IN ADJUDICATING
CONFLICTS SURROUNDING INTER-STATE RIVERS THAT ARISE AMONG
STATE GOVERNMENTS
INDIAN CONSTITUTION AND TRIBUNAL

4. DIFFERENCE BETWEEN COURT AND TRIBUNAL
COURT TRIBUNAL
i. COURTS DECIDE MOST DISPUTE
AND CRIMINAL CASES
ii. COURTS FOLLOW CODE OF
PROCEDURE STRICTLY
iii. DECISION PASSED BY COURT IS
JUDGMENT OR DECREE
iv. COURT IS HEADED BY JUDGE OR
MAGISTRATES
v. JUDGES ARE IMPARTIAL
ARBITRATOR AND NOT A PARTY
i. TRIBUNALS DECIDE MORE
SPECIALISED CASES
ii. TRIBUNALS DO NOT FOLLOW
CODE OF PROCEDURE
iii. DECISION PASSSED BY THE
TRIBUNAL IS AWARD
iv. HEADED BY CHAIRPERSON AND
OTHER JUDICIAL MEMBERS
v. TRIBUNAL MAY BE A PARTY TO
THE DISPUTE

5. TYPES OF TRIBUNALS IN INDIA
FOR ADJUDICATION OF DISPUTES
RELATED TO RECRUITMENT &
CONDITIONS OF SERVICES AND
POSTS IN CONNECTION WITH
AFFAIRS OF THE UNION OF INDIA
THIS WAS SET UP BY ART 323A OF
CONSTITUTION ON NOV 1, 1985.
PRINCIPAL BENCH IS AT NEW
DELHI. 17 REGULAR BENCHES.
APPEAL AGAINST THE ORDER
LIES BEFORE DIVISION BENCH OF
THE CONCERNED HIGH COURT
FOR ADJUDICATION OF
DISPUTES RELATED TO
RECRUITMENT & MATTERS
CONCERNING RECRUITMENT, TO
ANY CIVIL SERVICEE OF STATE
SET UP UNDER ART 323B
HIERARCHY OF TRIBUNALS CAN
BE CREATED. BOTH PARLIAMENT
AND STATE LEGISLATURES CAN
CREATE TRIBUNAL UNDER THEIR
LEGISLATIVE COMPETENCE.
i. CENTRAL ADMINISTRATIVE TRIBUNAL ii. STATE ADMINISTRATIVE TRIBUNAL

6. PRINCIPAL BENCH AT NEW DELHI
FOR ADJUDICATION OF DISPUTES
& COMPLAINTS ABOUT
COMMISSION, APPOINTMENTS,
ENROLMENT & SERVICE
CONDITIONS COVERED BY THREE
SERVICES ACT
ARMED FORCES TRIBUNAL HAVE
ORIGINAL JURISDICTION IN
SERVICE MATTERS AND APPELLATE
JURISDICTION IN COURT MARTIAL
MATTERS
TYPES…CONTD..,
iii. ARMED FORCES TRIBUNAL iv. RAILWAY CLAIMS TRIBUNAL
PRINCIPAL BENCH AT NEW DELHI
FOR SPEEDY ADJUDICATION,
PROVIDE RELIEF TO ALL RAIL USERS
(COMPENSATION TO VICTIMS OF RAIL
ACCIDENT, REFUND TO FARE AND
FREIGHT AND COMENSATION)
USERS CAN ACCESS CAUSE LIST,
CASE STATUS, JUDGMENTS AND
DAILY ORDERS OF THE TRIBUNAL

7. 5 PLACES OF SITTING.
MANDATE TO DISPOSE
APPLICATIONS OR APPEALS
WITHIN 6 MONTHS OF FILING
FOR EFFECTIVE & EXPEDITIOUS
DISPOSAL CASES RELATING
ENVIRONMENTAL PROTECTION
PRINCIPAL BENCH AT NEW
DELHI (NATIONAL GREEN
TRIBUNAL ACT, 2010)
TYPES…CONTD..,
v. NATIONAL GREEN TRIBUNAL vi. WATER DISPUTES TRIBUNAL
INTER-STATE RIVER WATER
DISPUTES ACT, 1956 ENACTED
BY PARLIAMENT
ADJUDICATE DISPUTES RELATES
WATERS OF INTER-STATE RIVERS
AND RIVER VALLEYS
THE INTER-STATE RIVER WATER
DISPUTES (AMENDMENT) BILL,
2019 SAYS TO CONSTITUTE
STANDALONE TRIBUNAL

8. FUNCTIONS UNDER THE DEPARTMENT
OF LEGAL AFFAIRS IN THE MINISTRY
OF LAW AND JUSTICE
TYPES…CONTD..,
vii. INCOME TAX APPELLATE TRIBUNAL viii. COMPETITION APPELLATE TRIBUNAL
SET UP IN 1941 U/S. 5A OF THE
INCOME TAX ACT, 1922. OLDEST
TRIBUNAL IN INDIA
APPEAL AGAINST ORDER OF ITAT LIES
BEFORE HIGH COURT ONLY IF
SUBSTANTIAL QUESTION OF LAW
ARISES
ESTABLISHED UNDER THE COMPETITION
ACT, 2002
APPEAL FROM DECISION OF
COMPETITION COMMISSION OF INDIA
LIES BEFORE COMPAT
COMPAT HAVE 1 CHAIRPERSON & A
MAXIMUM OF 2 OTHER MEMBERS.
TENURE: 5 YEARS

9. NCLT IS THE OUTCOME OF
ERADI COMMITTEE, IT’S
UNDER THE FRAMEWORK
OF COMPANIES ACT, 2013
TYPES…CONTD..,
ix. NATIONAL COMPANY LAW TRIBUNAL x. SECURITIES APPELLATE TRIBUNAL
FUNCTIONS: REGISTRATION
OF COMPANIES, TRANSFER
OF SHARES, DEPOSITS,
POWER TO INVESTIGATE,
FREEZING ASSETS OF A
COMPANY
APPEAL FROM DECISIONS
OF NCLT LIES BEFORE
NCLAT
ESTABLISHED UNDER S. 15K
OF THE SECURITIES AND
EXCHANGE BOARD OF INDIA
ACT, 1992
FUNCTION: TO HEAR AND
DISPOSE OF APPEALS
AGAINST ORDERS PASSED
BY SEBI OR BY
ADJUDICATING OFFICER
UNDER THE ACT
ONE BENCH AT MUMBAI.
PROCEEDING IS DEEMED
TO BE JUDICIAL
PROCEEDING AND HAVE ALL
POWERS OF CIVIL COURT

10. DECISION PASSED AT TRIBUNAL IS LEGALLY BINDING BETWEEN THE PARTIES
• CHEAPER ALTERNATIVE TO COURTS. MOSTLY PARTIES REPRESENT
THEMSELVES, SO IT IS COST EFFICIENT
• THEY REMOVE MINISTERIAL RESPONSIBILITY FOR SENSITIVE DECISIONS
HEARINGS ARE MUCH FASTER THAN IN COURTS, i.e., SPEEDY PROCEDURE
• APPEALS AGAINST THE ORDER OF TRIBUNAL ARE LESS
• FLEXIBILITY, BECAUSE LITTLE USE MADE OF PRECEDENT
• EXPERT KNOWLEDGE
ADVANTAGES OF TRIBUNAL

11. THEY LACK IN INDEPENDENCE OF JUDICIARY
DUE TO HIGH NUMBER OF CASES BEFORE
TRIBUNALS, THERE MAY BE DELAY IN HEARING
NO LEGAL AID
ADMINISTRATIVE ADJUDICATION IS A
DEVIATION FROM RULE OF LAW
PUBLIC FUNDING NOT AVAILABLE
TRIBUNALS DO NOT FOLLOW ANY PROCEDURE,
WHICH LEADS TO CONFUSION FOR INDIVIDUALS
DISADVANTAGES OF TRIBUNAL

12. DUE
ADMINISTRATION
OF JUSTICE IS
THE FIRMEST
PILLAR OF GOOD
GOVERNMENT