Tribunalization in India: An over view

Abstract

Tribunals are creation of statute/Act and/or Administrative set up of the State Government or Central Government to perform judicial and/or qusi-judicial functions like adjudication of disputes brought/filed before it. Tribunals are not courts; however, they are vested with the inherent judicial power. The intention behind setting up of Administrative or Statutory Tribunals was to bring down the workload of judiciary and for smooth administration of justice delivery system. The aim behind establishment of Tribunals was that, the remedy thus provided, should be alternative and efficacious in nature. The purpose of study is to evaluate the need to curtail Tribunalization in India or limit its significance-the reason being Tribunals are not manned by judicial luminaries. It is believed that they do not have the impartial outlook. In view of which there seems a need to streamline the entire Tribunal Structure and vest the powers/jurisdiction of Statutory Administrative Adjudication to Constitutional Courts i.e., the High Courts and Supreme Court of India and Trial Courts respectively, in order to prevent executive over reach or brassiness. Streamlining of Tribunals is also necessary to save public exchequer’s money and at the same time lead to speedy justice.