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BBA LLB   04 February 2021

Tribunals & court of law

How are Tribunals different from Courts? What is the Tribunal as per the Constitution of India? Why are Tribunals so important to the Judicial System?



 2 Replies

Rohini Kamble   05 February 2021

Courts are judicial Body, while tribunal is quasi- judicial body. Tribunals are part of administrative system. Tribunals were incorporated by 42nd amendment Act 1976.

Tribunals deals with matters like import export, state legislation, taxation etc. 

Article 323A deals with Administrative tribunals in which public service matters are resolved. 

Article 323B deals with disputes relating to matters of taxation, food stuff, state legislature, land reforms etc. 

The procedures of the tribunals are more flexible than that of courts. 

Tribunals can deliver quick justice and areless costly 

Megha   05 February 2021

Hello,

Courts and Tribunals are having somewhat similar functions. 

COURTS  :

  • They are the traditional part of the judicial system.
  • They resolve issues regarding both criminal, civil, and other matters.
  • Judges are independent of the Executive in respect of tenure, terms, and conditions of service, etc.  Judiciary is independent of the Executive.
  • The presiding officer of the court of law is trained in law. 
  • Bound by all the rules of evidence and procedure.
  • A court of law can decide vires of a legislation

TRIBUNALS :

  • An agency created by a statute vested with judicial powers.
  • They are a quasi-judicial body entrusted with matters regarding special issues.
  • Tenure, terms, and conditions of services of the members of the Administrative Tribunal are entirely in the hands of the Executive for example government.
  • The president or a member of the Tribunal may not be trained as well as in law.  He may be an expert in the field of Administrative matters.
  • They are not bound by rules but bound by the principle of natural justice. 
  • They cannot decide vires of legislation.

By the 42nd Constitutional Amendment Act, 1976, 323-A was added which deals with Administrative Tribunals, and 323-B deals with tribunals for other matters. Tribunals are not normal court jurisdiction but having a specialized area of jurisdiction. An administrative Tribunal is a multimember body to hear on cases filed by the staff members alleging non-observation of their terms of service or any other related matters and to pass judgments on those cases.

The Government employee sector is a large workforce and at times disputes between the employee and the government arises. The Courts are always overburdened with cases of civilians, tribunals are implemented for the fast resolving of such issues at less cost. The basic objective of the administrative tribunals is to take out certain matters of disputes between the citizen and government agencies of the purview of the regular courts of law and make the dispute redressal process quick and less expensive.

Hope it is clear.

Regards.
                                                                                               


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