"TRIBUNALS IN INDIA: A KEY TO REDUCING THE BURDEN ON REGULAR COURTS"
By: - Natasha Rocha is a 4th year BBA LLB Law student, studying at ISBR Law College affiliated to Karnataka State Law University.
- Role of tribunals in reducing the burden on regular courts.
Introduction
The Indian judiciary is often described as the “guardian of rights” and “the temple of justice.” Yet, this temple is overburdened. As of early 2025, the number of pending cases in Indian courts stands at over 5 crores, with many disputes dragging on for years—sometimes decades.
While various reforms have been proposed—digitization, fast-track courts, judicial appointments—one of the most practical solutions already functioning within our system is the tribunal. Tribunals are quasi-judicial bodies set up to resolve specific categories of disputes, easing the pressure on regular courts and enabling quicker, specialized justice.
This blog examines the role of tribunals in reducing the burden on regular courts, their functioning, challenges, and the way forward.
1. Understanding Tribunals
Definition
Tribunals are bodies established by law to adjudicate disputes in specific areas such as tax, service matters, company law, or environment. They are quasi-judicial in nature—meaning they have some judicial functions but are not courts in the strict constitutional sense.
Constitutional Backing
Tribunals in India derive legitimacy primarily from:
Articles 323-A and 323-B of the Constitution, inserted by the 42nd Constitutional Amendment Act, 1976.
These articles empower Parliament to set up administrative and other tribunals to adjudicate disputes in certain matters.
Why Tribunals?
The idea behind tribunals is threefold:
1. Specialization – Judges and experts in specific fields can deliver more accurate and technically sound judgments.
2. Speed – Focused jurisdiction reduces procedural delays.
3. Reduced Court Load – By diverting certain cases away from regular courts.
2. The Backlog Crisis in Indian Courts
Before understanding the role of tribunals, we must grasp the gravity of backlog:
Court Level & Pending Cases (Approx.)
Supreme Court ~80,000
High Courts ~60 lakh
District Courts ~4.4 crore
Causes of Backlog
Insufficient Judges – India has ~21 judges per million people (far below the Law Commission’s recommendation of 50 per million).
Procedural Delays – Frequent adjournments and procedural complexity.
Wide Jurisdiction – Regular courts handle every possible dispute, from petty theft to complex tax evasion.
Government Litigation – The State is the largest litigant in India, contributing 46–70% of pending cases in some jurisdictions.
Tribunals aim to filter out a significant chunk of these cases by providing a separate forum.
3. Types of Tribunals in India
Tribunals operate in a variety of domains. Some major examples include:
Tribunal Jurisdiction
Central Administrative Tribunal (CAT) Service matters of government employees.
Income Tax Appellate Tribunal (ITAT) Direct tax disputes.
National Company Law Tribunal (NCLT) Corporate disputes, insolvency, company law.
Debt Recovery Tribunal (DRT) Bank loan default cases.
National Green Tribunal (NGT) Environmental disputes.
Armed Forces Tribunal (AFT) Service matters of armed forces personnel.
4. How Tribunals Reduce the Burden on Regular Courts
Jurisdictional Segregation
Tribunals handle cases that would otherwise land in High Courts or District Courts. For example:
Before CAT was created in 1985, service matters of government employees were filed in High Courts.
Now, these go directly to CAT, keeping thousands of cases out of the regular judicial system.
Faster Disposal
Tribunals generally have simpler procedures compared to CPC/CrPC-based court processes.
Example: NGT is mandated to decide cases within six months of filing.
Expert Decision-Making
Tribunals often include technical members alongside judicial members.
Example:
NCLT benches include former company law experts or chartered accountants.
NGT includes environmental scientists.
This reduces the need for lengthy expert testimony in courts.
Reduced Appeals
While tribunal decisions can be appealed, the appellate hierarchy is shorter:
CAT → Supreme Court directly (skips High Court).
ITAT → High Court only on substantial questions of law.
This cuts multiple litigation layers, speeding resolution.
5. Case Studies: Tribunals in Action
# 1. National Green Tribunal (NGT)
Impact: Since its inception in 2010, the NGT has handled thousands of environmental cases that would otherwise congest High Courts.
Example: The NGT’s proactive role in industrial pollution cases, like the Sterlite Copper Plant issue in Tamil Nadu, ensured speedy environmental adjudication.
# 2. National Company Law Tribunal (NCLT)
Impact: The introduction of the Insolvency and Bankruptcy Code (IBC) in 2016 gave NCLT the role of insolvency resolution.
Example: Before IBC, debt recovery could take years in civil courts; under NCLT, companies like Essar Steel saw resolution within prescribed time limits (though practical delays remain).
6. Advantages of Tribunals
1. Speedy Justice – Less procedural formality means quicker hearings.
2. Specialization – Technical expertise leads to better-quality decisions.
3. Accessibility – Often more affordable and approachable than higher courts.
4. Less Burden on Regular Courts – Directly diverts thousands of cases annually.
5. Flexibility in Procedure – Tribunals are not strictly bound by CPC or Evidence Act, allowing more flexible case handling.
7. Challenges and Criticisms
While tribunals help in reducing the burden on courts, they are not without issues.
Lack of Independence
Many tribunals are under the control of the executive (ministries), raising concerns about impartiality.
Example: The Finance Ministry controlling appointments in tax tribunals.
Appointment and Tenure Issues
Short tenure and government control over appointments can undermine independence and efficiency.
Inconsistent Infrastructure
Some tribunals face poor infrastructure, understaffing, and lack of proper digital facilities.
Delay in Filling Vacancies
Even tribunals suffer from backlog due to vacant posts of judicial and technical members.
Overlapping Jurisdictions
Sometimes, jurisdictional ambiguity leads to litigation on whether a case belongs in a tribunal or a regular court, ironically adding to court burdens.
8. Landmark Judicial Observations
# 1. L. Chandra Kumar v. Union of India (1997)
The Supreme Court held that tribunal decisions are subject to judicial review by High Courts under Articles 226 and 227. This reinforced constitutional safeguards but also added an appellate layer.
# 2. Rojer Mathew v. South Indian Bank Ltd. (2019)
SC emphasized that tribunal independence is essential and that their functioning should not be controlled by the executive.
9. The Way Forward
Tribunals are a valuable tool, but reforms are necessary to make them truly effective in easing court burden.
Strengthening Independence
Transfer administrative control to the judiciary instead of the executive.
Independent appointment commissions.
Digital Transformation
Fully digital filing and virtual hearings to avoid procedural delays.
Increasing Capacity
Fill vacancies promptly.
Create more benches in regions with high case inflow.
Awareness and Accessibility
Educate citizens and lawyers about tribunal jurisdiction to avoid misfiling in regular courts.
Harmonizing Procedures
Create a common code of conduct and procedural framework for all tribunals to avoid inconsistencies.
Conclusion
Tribunals are not a substitute for regular courts but a complementary pillar in the Indian justice delivery system. By specializing in certain disputes, they take a significant caseload off regular courts, enabling faster and more informed adjudication.
However, for tribunals to truly realize their potential, India must address concerns over independence, infrastructure, and capacity. If reformed properly, tribunals can be a permanent relief valve for an overburdened judiciary and a vital instrument for ensuring timely justice—because justice delayed, as we all know, is justice denied.
Date: 11th August 2025.
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