QUES . Comment on the need of administrative tribunals as compared to the court system. Assess the impact of the recent tribunal reforms through rationalization of tribunals made in 2021. Answer in 150 words.10 marks. UPSC MAINS 2025 GS PAPER 2
HINTS:
An Administrative tribunal is a quasi-judicial body for the adjudication of disputes relating to recruitment and conditions of service of persons appointed to public services of the Centre, the states, local bodies, public corporations and other public authorities. Article 323 A of the constitution deals with administrative tribunals.
Need of Administrative Tribunals as Compared to the Court System
Administrative Tribunals bring:
Specialization: Administrative tribunals are composed of experts, allowing for specialized adjudication of disputes or issues.
Efficiency: Administrative tribunals typically follow streamlined procedures, which can lead to faster resolution of disputes compared to traditional court systems. This helps in reducing backlog and delays in the justice system. For example, Central Administrative Tribunal (CAT) reduces burden on High Courts for service matters.
Accessibility: Administrative tribunals are often less formal and less costly than traditional courts, making them more accessible. This encourages individuals to seek legal recourse without being deterred by high costs or complex legal procedures.
Expert Decision-making: Since administrative tribunals consist of experts, their decisions are often more informed and nuanced. This can lead to fairer and more accurate outcomes, particularly in cases involving complex technical or specialized knowledge.
Decentralisation of justice: Tribunals, unlike Supreme Court or High Courts, have benches at multiple locations, improving reach.
Consistency: Administrative tribunals establish precedents and guidelines within their specific areas of jurisdiction, promoting consistency and predictability in decision-making. This helps in ensuring equal treatment of similar cases and maintaining the rule of law.
Relief to Courts: By handling specific types of cases, tribunals relieve the burden on regular courts, allowing them to focus on other types of cases. This helps in overall judicial efficiency and ensures that resources are allocated appropriately.
In summary, the formation of administrative tribunals in India has proven instrumental in easing the burden on the judiciary by offering specialized, efficient, and expert-driven forums for dispute resolution.
However, there are several issues faced by administrative tribunals in India.
Issues Faced by Administrative Tribunals in India
Administrative tribunals in India face issues including lack of judicial independence due to executive control over appointments, resource constraints and poor infrastructure, jurisdictional overlaps, challenges in balancing informality with procedural fairness, high case backlogs, lack of uniformity in procedures and qualifications, and the conflict of interest arising from the government being a frequent litigant.
These problems hinder their goal of providing faster, specialized justice and raise concerns about judicial impartiality and the separation of powers.
Impact of the Recent Tribunal Reforms through Rationalization of Tribunals made in 2021
Recent reforms, especially the Tribunals Reforms Act, 2021, have sought to rationalise the functioning of administrative tribunals in India.
Impact of Tribunal Reforms Act, 2021 (Rationalisation of Tribunals)
Reduction in number of tribunals: The Act abolished nine tribunals such as Film Certification Appellate Tribunal, Airport Appellate Tribunal, and merged their functions with existing judicial bodies. This may lead to streamlined structure but there are concerns regarding loss of subject expertise.
Uniform terms of service: Common rules for appointment, eligibility, retirement age, salaries and fixed tenure (4 years). This may bring bring transparency, but on the other hand undermine independence.
Greater efficiency through rationalisation: Consolidation reduces multiplicity of forums, thus improving efficiency. Citizens now approach a limited set of bodies rather than scattered tribunals.
Burden on High Courts: Appeals from abolished tribunals now lie with High Courts or civil courts. This improves judicial uniformity but already facing backlog, shifting cases back to High Courts increases caseload.
Control of the Executive: By centralising appointments under the executive, reforms risk diluting the autonomy of tribunals. SC has repeatedly stressed that tribunals must be independent substitutes, not extensions of executive control.
Conclusion
By diverting specific categories of cases away from regular courts and employing streamlined procedures, administrative tribunals contribute significantly to enhancing access to justice and improving the overall efficiency of the legal system in India. Thus, tribunals are necessary supplements to courts, but reforms of 2021 must strike a balance between rationalisation on one side and independence and preservation of expertise on the other.
