Important terms related to high Courts of India

When discussing some important terms related to the High Courts of India, Tribunal is an important term. A tribunal normally refers to any institution or person with authority to adjudicate, authority for judging, or determine disputes or claims whether they are known as a tribunal within the title. To prepare for Indian Polity in any competitive exam, students must know the tribunal. It gives an overall idea about all vital topics of polity including the railway exam. A tribunal is essentially a quasi-judicial body, a statutory body established throughout India via the act of State or parliament legislature for resolving various disputes in an inefficient, cost-effective, and speedy way that are brought to it. 

Tribunals concerning the High Courts of India

Tribunals were introduced in India in the year of 1985. Originally they were not a part of the Indian constitution. Tribunals were specifically created for avoiding going to courts for resolving different disputes. They were constituted for the specific purpose of delivering decentralised, inexpensive, quick adjudication of disputes over several matters. A significant number of tribunals are government agencies such as boards that have the power to make certain decisions according to the law. Tribunal provisions were not present in the Indian constitution originally. However, they were introduced via the 42nd Amendment act. This was according to the recommendation of a committee of Swaran Singh. Part XIV-A was introduced to the Indian constitution through this Amendment. This Part XIV-A is known as tribunals and involves two articles namely Article 323A and Article 323B. 

Administrative Tribunals (Article 323A)

Administrative tribunals are essentially quasi-judicial establishments responsible for resolving disputes concerning a person’s service condition and recruitment in different public services. Article 323A looks after this particular aspect. The Central Administrative tribunal was created for this purpose under this Article. Administrative tribunals have some well-defined characteristics that have been discussed in the following. Firstly, Administrative Tribunals are of constitutional origin. Hence they need to be created via statutes by Legislature/ Parliament. They operate on natural justice principles and the Code of Civil Procedure binds them. It should also be mentioned that Administrative tribunals are Quasi-Judicial and so have some features of the Court. These tribunals can summon, administer, witness oaths thereby compelling them to submit relevant documents like other courts. Administrative tribunals are independent bodies. Hence, they are not subjected to interference by other administrative bodies. Lastly, the certiorari and prohibition writs are available against these tribunal’s decisions. 

Other Tribunals (Article 32B) 

These tribunals deal with a variety of other subjects. These include tribunals for subjects such as Labour and Industrial, Taxation, Land reforms, Import, Foreign exchange and export, food state legislature and election to parliament; tenancy and rent rights; urban property ceiling. Different tribunals under this article have been discussed in the following. 

Tribunal for Armed Forces: This is a military tribunal. It was established under 2007’s Armed Forces Tribunal Act and settles disputes in relevance to appointments, emoluments, commission as well as personnel service conditions within the armed forces. Its permanent bench is present in New Delhi along with ten regional benches. 

Tribunal for Water disputes: These tribunals were constituted to settle disputes between different states over the question of sharing water from rivers that flow through multiple states of India. 

Tribunal for National Green: This tribunal was formed in 2010 for expeditious and effective disposal of cases that are related to the conservation and protection of natural resources, forests, and the environment. 

ITAT (Income Tax Appellate Tribunal): The ITAT was formed in 1941 specifically dealing with certain appeals under the acts of direct taxes. The Tribunal presently has sixty-Three Benches. The orders that are passed by ITAT are final and an appeal can be made to the high court only if a substantial question concerning law arises during the determination

Conclusion 

The overall article has been written about some important terms related to the High Courts within India. To discuss this the main term of Tribunals has been widely discussed. . A tribunal is essentially a quasi-judicial body, a statutory body established throughout India via the act of State or parliament legislature for resolving various disputes in an inefficient, cost-effective, and speedy way that are brought to it. The Indian constitution mainly has two types of tribunals concerning Article 323A and Article 323B. The article has been analysed along with a discussion about the permanent bench and circuit bench.