How far do you agree with the view that tribunals curtail the jurisdiction of ordinary courts? In view of the above, discuss the constitutional validity and competency of the tribunals in India.

→ Tribunalisation of Justice means over reliance on tribunals instead of the usual courts for justice delivery in the country.

SIGNIFICANCE

• Tribunals have been set up under Articles 323A and 323B of the Constitution and act as an alternative to the usual judicial system.
• They free up the courts from their excessive burdens.
• They provide expertise in adjudicating cases related to environment, taxation, etc.
• They work with the principle of natural justice and hence their procedure is not cumbersome.

MAJOR LIMITATIONS

• Tribunals are not as accesible as the judicial courts since they have limited benches.
• Tribunals are partly manned by officers appointed by the executive → this may give rise to conflict of interest when the government is a party to the dispute.
• Members may not have sufficient knowledge of law.
• Tribunals do not follow a strict judicial jurisprudence and precedences. Hence, their decisions can be arbitrary and inconsistent.

Way Ahead: