Podcast
Questions and Answers
What is the primary role of tribunals in India?
What is the primary role of tribunals in India?
- To legislate new laws for the country.
- To adjudicate disputes and complaints related to specific areas of law. (correct)
- To enforce laws passed by the Parliament.
- To oversee the appointment of judicial members in courts.
Which amendment to the Indian Constitution recognized the establishment of administrative tribunals?
Which amendment to the Indian Constitution recognized the establishment of administrative tribunals?
- 46th Amendment
- 40th Amendment
- 42nd Amendment (correct)
- 44th Amendment
What did the Finance Act of 2017 accomplish in relation to tribunals?
What did the Finance Act of 2017 accomplish in relation to tribunals?
- Established new tribunals for military services.
- Abolished all tribunals previously established.
- Provided for direct appointment of tribunal members by the judiciary.
- Merged several existing tribunals based on functional similarity. (correct)
Which tribunal was part of the abolition proposed by the Tribunal Reforms Act of 2021?
Which tribunal was part of the abolition proposed by the Tribunal Reforms Act of 2021?
What restriction did the Supreme Court impose on the Armed Forces Tribunal (AFT)?
What restriction did the Supreme Court impose on the Armed Forces Tribunal (AFT)?
What composition do most tribunals in India generally have?
What composition do most tribunals in India generally have?
According to Article 323A of the Indian Constitution, what is the purpose of administrative tribunals?
According to Article 323A of the Indian Constitution, what is the purpose of administrative tribunals?
In what year was the first tribunal, the Income Tax Appellate Tribunal, established in India?
In what year was the first tribunal, the Income Tax Appellate Tribunal, established in India?
What does Article 323B of the Indian Constitution allow?
What does Article 323B of the Indian Constitution allow?
Which of the following statements about the jurisdiction of tribunals is true?
Which of the following statements about the jurisdiction of tribunals is true?
Flashcards
Tribunal
Tribunal
A specialized body established to resolve disputes and provide expert judgment within a specific area of expertise, such as taxation or labor relations.
Swaran Singh Committee
Swaran Singh Committee
A committee established in 1976 that identified significant workloads on high courts due to service cases of public servants. This led to the introduction of Articles 323A and 323B into the Constitution to enable the establishment of tribunals.
Nature of Tribunals
Nature of Tribunals
A quasi-judicial body whose main objective is to reduce the workload burden on the judiciary and address specific areas that require specialized knowledge.
Administrative Tribunal
Administrative Tribunal
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Armed Forces Tribunal (AFT)
Armed Forces Tribunal (AFT)
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Article 323B
Article 323B
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Tribunal's Limits on Policy
Tribunal's Limits on Policy
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Finance Act of 2017
Finance Act of 2017
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Tribunal Reforms Act 2021
Tribunal Reforms Act 2021
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Composition of Tribunals
Composition of Tribunals
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Study Notes
Tribunal System in India
- Tribunals are quasi-judicial bodies
- Tribunals aim to reduce the judiciary's workload and bring subject expertise to specific technical issues
- The Supreme Court ruled tribunals cannot directly mandate government policy
- The Armed Forces Tribunal (AFT), established under the AFT Act of 2007, adjudicates disputes and complaints regarding service members
- The AFT Act governs the administration, appointments, enrollments and service conditions of individuals subject to the Act, encompassing the Army, Navy, and Air Force Acts of 1950, 1957, and 1950 respectively.
Key Developments
- The Income Tax Appellate Tribunal was India's first tribunal
- The Swaran Singh Committee (1976) recognized High Courts' burden due to service cases involving public servants. This led to Constitutional amendments 323A and 323B
- Several tribunals were created under various acts, including the Central Administrative Tribunal and the Securities Appellate Tribunal
- The Finance Act of 2017 reorganized tribunals, merging similar ones. This reduced the total number from 26 to 19
- The Tribunal Reforms Act of 2021 abolished certain tribunals and transferred their functions to existing judicial bodies, primarily High Courts
Constitutional Recognition
- Articles 323A and 323B were added in 1976, recognizing the role of administrative tribunals
- Article 323A empowers Parliament to create administrative tribunals (central and state level) for recruitment and public servant service conditions
- Article 323B empowers Parliament or state legislatures to create tribunals for taxation and land reforms
- In 2010, the Supreme Court clarified that subject matters under Article 323B are not exclusive and legislatures can create tribunals on any subject, provided within the Constitution's Seventh Schedule
Tribunal Structure and Expertise
- Tribunals consist of expert members (technical) alongside judicial members
- A key distinction from traditional courts is the presence of expert members who provide technical expertise
- Each tribunal has its pre-defined jurisdiction to handle cases within its area of expertise. Some tribunals have appellate jurisdiction, meaning they may review decisions from other courts within the same jurisdiction
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