Tribunals

• The Supreme Court has clarified that tribunals functioning under the strict parameters of their governing legislations cannot direct the government to make policy.

 WHAT ARE TRIBUNALS?

• Tribunals are judicial or quasi-judicial institutions established by law.
• They intend to provide a platform for faster adjudication as compared to traditional courts, as well as expertise on certain subject matters.
• History-
  • The Income Tax Appellate Tribunal was established in 1941 as the first Tribunal in India.
    • The objective was to reduce the workload of courts, expedite adjudication of disputes, and build expertise on tax matters within the Tribunal.
  • The 42^nd amendment to the Constitution was passed which empowered Parliament to constitute-
    • Article 323-A– administrative tribunals (both at central and state level) for adjudication of matters related to recruitment and conditions of service of public servants, and
    • Article 323-B– other tribunals for adjudication of certain subject matters including industrial disputes, taxation (such as levy and collection of taxes), and foreign exchange.
  • Composition
    • The Supreme Court has noted that the members of a tribunal may be selected from departments of the central government as well as from various other fields of expertise.
    • The presence of expert members (technical members) along with judicial members is a key feature of tribunals which distinguishes them from traditional courts.
    • Only persons with a judicial background (such as Judges of the High Court and lawyers with the prescribed experience who are eligible for appointment as High Court Judges) may be considered for appointment as Judicial Members.