Model Answer
0 min readIntroduction
The Indian legal system comprises both Courts and Tribunals, often leading to confusion regarding their relationship. Both are judicial bodies tasked with resolving disputes, but their origins, powers, and functions differ significantly. The Constitution of India provides for the establishment of both. While Courts are established under the Constitution, Tribunals are statutory bodies created by Acts of Parliament or State Legislatures. This fundamental difference explains the assertion that all tribunals are courts, but not all courts are tribunals, a statement rooted in the hierarchical structure and constitutional framework of the Indian judiciary.
Defining Courts and Tribunals
Courts: Courts are permanent judicial institutions established by the Constitution (Articles 124-147 for Supreme Court, 214-237 for High Courts, and provisions for subordinate courts). They possess inherent powers like the power of judicial review, contempt of court, and a wider range of jurisdiction – original, appellate, and revisional. They are independent and operate under a well-defined hierarchy.
Tribunals: Tribunals are quasi-judicial bodies established by the government through an Act of Parliament or State Legislature for resolving specific disputes. They are not constitutionally established and derive their powers from the enabling legislation. They generally deal with technical or specialized areas of law, such as administrative law, taxation, or labor disputes.
Why All Tribunals are Courts
- Judicial Function: Tribunals perform judicial functions – they hear disputes, examine evidence, and pronounce judgments. This inherently classifies them as judicial bodies.
- Statutory Basis & Judicial Oversight: Tribunals are created by statutes, and their actions are subject to judicial review by High Courts and the Supreme Court under Article 226 and 32 of the Constitution respectively. This places them within the broader judicial system.
- Procedural Similarities: Tribunals generally follow principles of natural justice and procedural fairness, mirroring court proceedings.
- Enforcement of Orders: Orders passed by Tribunals are enforceable like decrees passed by courts.
Why All Courts are Not Tribunals
- Constitutional Basis vs. Statutory Basis: Courts are established by the Constitution itself, granting them inherent powers. Tribunals are created by legislation and operate within the confines of that legislation.
- Wider Jurisdiction: Courts have a broader jurisdiction, encompassing all types of cases unless specifically excluded. Tribunals have limited jurisdiction, confined to the specific subject matter defined in their enabling Act.
- Inherent Powers: Courts possess inherent powers like the power to review their own decisions, issue writs, and punish for contempt, which tribunals generally lack.
- Independence & Hierarchy: Courts operate with greater independence and are part of a well-defined hierarchy (District Courts -> High Courts -> Supreme Court). Tribunals often lack the same level of independence and are not integrated into the traditional court hierarchy.
Comparative Table
| Feature | Courts | Tribunals |
|---|---|---|
| Establishment | Constitution | Act of Parliament/State Legislature |
| Jurisdiction | Wide & Comprehensive | Limited & Specific |
| Powers | Inherent Powers (Judicial Review, Contempt) | Derived from Statute, Limited Powers |
| Independence | High Degree of Independence | Relatively Less Independent |
| Judicial Review | Not subject to judicial review (within limits) | Subject to judicial review by High Courts & Supreme Court |
The Administrative Tribunals Act, 1985, established Central Administrative Tribunals (CATs) to handle disputes related to service matters of government employees. Similarly, the Finance Act, 2017, abolished several tribunals and transferred their functions to existing judicial bodies, highlighting the evolving relationship between courts and tribunals.
Conclusion
In essence, the statement "All tribunals are courts, but all courts are not tribunals" reflects the hierarchical and functional distinctions within the Indian judicial system. Tribunals, while performing judicial functions, are statutory creations operating under the umbrella of the constitutional courts. Courts, established by the Constitution, possess inherent powers and broader jurisdiction, setting them apart from tribunals. Understanding this distinction is crucial for comprehending the structure and functioning of the Indian legal framework and ensuring effective dispute resolution.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.