Why this matters now
Tribunals are tested for their constitutional articles, key examples, the advantages, and the concerns over “tribunalisation” and independence highlighted in Supreme Court rulings.
Constitutional basis
Tribunals were added by the 42nd Amendment (1976) via Article 323A (administrative tribunals) and Article 323B (tribunals for other matters — taxation, industrial disputes, elections, etc.). Article 323A enabled the Administrative Tribunals Act, 1985.
Key tribunals
- Central Administrative Tribunal (CAT) — service matters of central employees;
- National Green Tribunal (NGT) — environmental cases;
- National Company Law Tribunal (NCLT) — company/insolvency matters;
- Others: Income Tax Appellate Tribunal, Armed Forces Tribunal, TDSAT, etc.
Advantages and concerns
Advantages: speed, expertise, flexibility and reduced court burden. Concerns: the independence of tribunals (executive control over appointments/tenure), “tribunalisation of justice”, and exclusion of judicial review — addressed in cases like L. Chandra Kumar (1997) (which held that judicial review by High Courts/SC cannot be ousted) and rulings on the Tribunals Reforms Act.
UPSC angle
Know Articles 323A/323B (42nd Amendment), CAT (1985 Act), NGT, NCLT, the advantages (speed/expertise), and concerns (independence, tribunalisation) with L. Chandra Kumar on judicial review.
Frequently asked questions
What are tribunals?
Quasi-judicial bodies set up to provide speedy, specialised justice in specific areas, reducing the burden on regular courts.
Under which articles were tribunals added?
Articles 323A and 323B, inserted by the 42nd Amendment (1976).
What are some key tribunals in India?
The Central Administrative Tribunal (CAT), the National Green Tribunal (NGT) and the National Company Law Tribunal (NCLT), among others.
What are the concerns regarding tribunals?
Their independence (executive control over appointments) and the over-“tribunalisation” of justice; courts have held judicial review cannot be ousted.