TRIBUNALS

Tribunals

  • Quasi-judicial institutions designed to resolve disputes such as administrative or tax-related issues.
  • Functions include adjudicating disputes, determining rights between parties, making administrative decisions, and reviewing existing decisions.
  • Derived from ‘Tribunes’—magistrates of the Classical Roman Republic.
  • Historically, Tribunes protected citizens from arbitrary actions of aristocratic magistrates.

Current News:

  • Task Force for Land Tribunals: A task force will be set up to suggest legislative provisions for creating Land Tribunals at the district level to address land violations under The Assam Land and Revenue Regulation, 1886.
  • Land Ownership for Indigenous People: Identifying revenue circles where only indigenous people can own and transfer land. .
  • Sattra Preservation Board: A five-member board to protect Sattra land from encroachment.
  • Madhupur Sattra Preservation: Rs 50 crore project for Madhupur Sattra in Cooch Behar, with plans for Heritage Site status.
  • Char Areas Survey: Survey of char areas to begin in 2025-26, with settlement to follow stakeholder discussions.
  • Digital Land Records: Prime agricultural land to be flagged in digital records, with updates and title guarantees planned by March 2027.
  • Mission Basundhara: Over the next three years, the government will issue 5 lakh digital pattas to indigenous people.
  • Land Administration Revamp: 2,000 new posts in land administration and restructuring of Assam Land Revenue Service.

Constitutional Provisions

  • 42nd Amendment Act, 1976: Incorporated Tribunals into the Indian Constitution.
  • Article 323-A: Establishes Administrative Tribunals.
  • Article 323-B: Covers tribunals for matters like taxation, foreign exchange, labor, land reforms, and elections.

Differences between Articles 323-A and 323-B

  • Article 323-A: Tribunals for public service matters, established by Parliament.
  • Article 323-B: Tribunals for various matters, established by both Parliament and state legislatures, with potential for hierarchical structures.

Different Types of Tribunals in India

  • Administrative Tribunals
    • Established by the Administrative Tribunals Act, 1985, per Article 323-A.
    • Deal with recruitment and service matters of public servants.
  • Central Administrative Tribunal (CAT)
    • Established in 1985, deals with Central Government employees’ service matters.
    • 17 regular benches across India, with circuit sittings at High Courts.
  • State Administrative Tribunals
    • Established under Article 323-B by state legislatures for various administrative matters.
  • Water Disputes Tribunal
    • Formed under the Inter-State River Water Disputes Act, 1956, to resolve inter-state water disputes.
    • Inter-State River Water Disputes (Amendment) Bill, 2019 aimed to simplify water dispute adjudication.
  • Armed Forces Tribunal (AFT)
    • Established by the Armed Forces Tribunal Act, 2007.
    • Resolves disputes related to the army, navy, and air force personnel’s service matters.
    • Regional benches across India, including in New Delhi, Chandigarh, and Chennai.
  • National Green Tribunal (NGT)
    • Formed in 2010 under the National Green Tribunal Act, 2010.
    • Handles environmental protection, conservation of forests, and compensation for environmental damage.
    • Mandated to dispose of cases within six months.
  • Income Tax Appellate Tribunal (ITAT)
    • Constituted under Section 252 of the Income Tax Act, 1961.
    • Appellate Tribunal for taxation matters, composed of Judicial and Accountant Members.

Tribunals play a crucial role in expediting legal processes, offering specialized adjudication in various fields. Constitutional provisions ensure that tribunals operate within defined boundaries, balancing expertise and legal authority. India’s diverse tribunal system aids in quick resolution of disputes related to administrative, taxation, environmental, and armed forces matters.

Leave a Reply