18-08-2025 Mains Question Answer
Examine the role of tribunals in the Indian legal system. Do they promote justice or dilute judicial independence?
The establishment of tribunals in India emerged as a response to the mounting pressure on conventional courts and the need for specialized adjudication, marking a significant evolution in our justice delivery system. These quasi-judicial bodies, operating under Article 323-A and 323-B of the Constitution, serve as alternative dispute resolution mechanisms.
Role and Significance of Tribunals
- Specialized Expertise: Tribunals like NGT (National Green Tribunal) and CAT (Central Administrative Tribunal) provide domain-specific adjudication in environmental and service matters respectively.
- Reduced Pendency: They help alleviate the burden on regular courts, addressing the critical issue of 4.48 crore pending cases across Indian courts as of October 2024.
- Accessibility and Efficiency: Tribunals offer simplified procedures, reduced costs, and faster resolution compared to traditional courts.
Promoting Justice
- Expeditious Resolution: The transfer of cases from Orissa Administrative Tribunal to High Court (11,483 cases from Bhubaneswar and 32,911 from Cuttack) demonstrates the dynamic nature of tribunal functioning.
- Expert Decision Making: Presence of technical members alongside judicial members ensures comprehensive understanding of specialized matters.
Concerns Regarding Judicial Independence
- Executive Interference: Appointment process and tenure security of tribunal members often face criticism for potential executive influence.
- Constitutional Safeguards: Supreme Court’s judgments (1986-2022) emphasize that tribunals must maintain standards equivalent to High Courts, with decisions subject to High Court scrutiny.
Way Forward
- Structural Reforms: Implementation of the Tribunals Reforms Act, 2021 to strengthen independence and efficiency.
- Resource Enhancement: Adequate infrastructure and staffing to ensure effective functioning.
The success of tribunals lies in striking a balance between specialization and independence. The framework established by landmark judgments like the L. Chandra Kumar case ensures that while tribunals promote justice through specialized adjudication, the constitutional framework of judicial review remains intact, safeguarding judicial independence. Moving forward, focus should be on strengthening tribunals while maintaining their complementary role to the traditional judiciary.