Subject: Indian Polity

In recent times, the debate over tribunals' role has intensified, highlighted by the transfer of 44,904 cases from Orissa Administrative Tribunal to Orissa High Court in 2023, raising questions about their constitutional validity and jurisdiction vis-à-vis ordinary courts.

Impact on Ordinary Courts' Jurisdiction

• Parallel Judicial System: Tribunals create a specialized adjudication mechanism alongside regular courts, focusing on specific subject matters like administrative disputes, environmental concerns, and consumer rights.

• Jurisdictional Overlap: While tribunals share jurisdiction with ordinary courts in certain matters, the Supreme Court's 1986 judgment affirmed Parliament's power to establish tribunals as alternatives to High Courts.

• Constitutional Safeguards: The 1997 Supreme Court ruling mandated that tribunals substituting High Courts must maintain equivalent judicial standards and remain subject to High Court scrutiny.

Constitutional Validity and Competency

• Constitutional Framework: Tribunals derive their legitimacy from Articles 323A and 323B of the Constitution, which provide for administrative and other specialized tribunals.

• Judicial Review: The 2022 Supreme Court judgment reinforced that tribunal decisions are reviewable only by High Courts with territorial jurisdiction, ensuring constitutional checks and balances.

• Specialized Expertise: Tribunals possess domain expertise in technical matters, enabling faster and more informed decision-making compared to regular courts.

Challenges and Way Forward

• Infrastructure Issues: Many tribunals face operational challenges including inadequate infrastructure and vacancy in key positions.

• Quality of Justice: Need to ensure that tribunal members possess requisite qualifications and experience to maintain judicial standards.

• Harmonious Coexistence: Rather than curtailing ordinary courts' jurisdiction, tribunals should complement them by:

  • Reducing pendency of cases.
  • Providing specialized dispute resolution.
  • Ensuring easier access to justice.

The evolution of tribunals represents a necessary adaptation of India's justice delivery system, balancing the need for specialized adjudication with constitutional principles. Their success lies in maintaining judicial standards while providing swift, accessible, and expert justice, as exemplified by bodies like the National Green Tribunal and Armed Forces Tribunal.