272nd Report - Assessment of Statutory Frameworks of Tribunals in India | Economic Survey & Government Reports - UPSC PDF Download

 Page 1


                          
  
 
 
GOVERNMENT OF INDIA 
 
 
 
LAW COMMISSION OF INDIA 
 
Report No.272 
 
Assessment of Statutory Frameworks of  
Tribunals in India 
 
 
 
October, 2017
Page 2


                          
  
 
 
GOVERNMENT OF INDIA 
 
 
 
LAW COMMISSION OF INDIA 
 
Report No.272 
 
Assessment of Statutory Frameworks of  
Tribunals in India 
 
 
 
October, 2017
ii 
 
  
Page 3


                          
  
 
 
GOVERNMENT OF INDIA 
 
 
 
LAW COMMISSION OF INDIA 
 
Report No.272 
 
Assessment of Statutory Frameworks of  
Tribunals in India 
 
 
 
October, 2017
ii 
 
  
iii 
Report No. 272 
Assessment of Statutory Frameworks of  
Tribunals in India 
Table of Contents 
Chapter Title Page 
      I Introduction 1-9 
     II Tribunal System: A Global Perspective  10-20 
    III Tribunal System in India 21-33 
    IV Revisiting Recommendations of the Previous Law Commissions 34-42 
     V Uniformity in Appointment, Qualifications, Tenure and Conditions 
of Service  
43-53 
    VI Power of Judicial Review under the Constitution 54-64 
    VII Appeals to High Courts and the Supreme Court 65-77 
   VIII Bypassing the Jurisdiction of High Courts 78-85 
    IX Exclusion of Jurisdiction of all courts by an alternative mechanism 
and Access to Justice 
86-93 
     X Conclusions and Recommendations 94-100 
 Annexure I – The Tribunals Merged vide Finance Act, 2017 101 
 Annexure II – Removal Provisions relating to Tribunals 102-107 
 Annexure III –Tribunals from where the appeal lies to the High 
Court 
108 
 Annexure IV – Tribunals from where appeal lies to the Supreme 
Court 
109 
 Annexure V – Tribunals from where appeal lies to the Appellate 
Tribunals/Authorities 
110-111 
 Annexure VI – The Acts which precludes the jurisdiction of Civil 
Courts 
112-114 
Page 4


                          
  
 
 
GOVERNMENT OF INDIA 
 
 
 
LAW COMMISSION OF INDIA 
 
Report No.272 
 
Assessment of Statutory Frameworks of  
Tribunals in India 
 
 
 
October, 2017
ii 
 
  
iii 
Report No. 272 
Assessment of Statutory Frameworks of  
Tribunals in India 
Table of Contents 
Chapter Title Page 
      I Introduction 1-9 
     II Tribunal System: A Global Perspective  10-20 
    III Tribunal System in India 21-33 
    IV Revisiting Recommendations of the Previous Law Commissions 34-42 
     V Uniformity in Appointment, Qualifications, Tenure and Conditions 
of Service  
43-53 
    VI Power of Judicial Review under the Constitution 54-64 
    VII Appeals to High Courts and the Supreme Court 65-77 
   VIII Bypassing the Jurisdiction of High Courts 78-85 
    IX Exclusion of Jurisdiction of all courts by an alternative mechanism 
and Access to Justice 
86-93 
     X Conclusions and Recommendations 94-100 
 Annexure I – The Tribunals Merged vide Finance Act, 2017 101 
 Annexure II – Removal Provisions relating to Tribunals 102-107 
 Annexure III –Tribunals from where the appeal lies to the High 
Court 
108 
 Annexure IV – Tribunals from where appeal lies to the Supreme 
Court 
109 
 Annexure V – Tribunals from where appeal lies to the Appellate 
Tribunals/Authorities 
110-111 
 Annexure VI – The Acts which precludes the jurisdiction of Civil 
Courts 
112-114 
CHAPTER – I 
INTRODUCTION 
 
1.1. The term ‘T ribuna l’ is derived from the word ‘T ribune s’, which means 
‘Ma g ist ra tes of the Classical Roman R e publi c ’.  Tribunal is referred to as the office of 
the ‘T ribune s’ i.e., a Roman official under the monarchy and the republic with the 
function of protecting the plebeian citizen from arbitrary action by the patrician 
magistrates. A Tribunal, generally, is any person or institution having an authority to 
judge, adjudicate on, or to determine claims or disputes – whether or not it is called a 
tribunal in its title.
1
 
 
1.2. ‘T ribuna l’ is an administrative body established for the purpose of discharging 
quasi-judicial duties. An Administrative Tribunal is neither a Court nor an executive 
body. It stands somewhere midway between a Court and an administrative body. The 
exigencies of the situation proclaiming the enforcement of new rights in the wake of 
escalating State activities and furtherance of the demands of justice have led to the 
establishment of Tribunals.
2
 
 
1.3. The delay in justice administration, is one of the biggest obstacles which have 
been tackled with the establishment of Tribunals.
3
 According to H.W.R Wade, “ The 
social legislation of the twentieth century demanded tribunals for purely administrative 
reasons; they could offer speedier, cheaper and more accessible justice, essential for 
the administration of welfare schemes involving large number of small claims. The 
process of Courts of law is elaborate, slow and c ostl y ….C omm iss ioner s of customs 
and excise were given judicial powers more than three centuries ago. Tax tribunals 
were in fact established as far back as the 18
th
 c e nt ur y . ”
4
 
 
1.4. In due course of time, a need for a system of adjudication has arisen which is 
more suited to give response to the emerging requirements of the society which may 
                                                 
1
 Walker, David M., Oxford Companion to Law, Oxford University Press, ISBN 0-19-866110-X, 1980 
at p.1239. 
2
 Kagzi, M.C.J, The Indian Administrative Law, Metropolitan Book Co. Pvt. Ltd., Delhi, 3
rd
 edn., 1973 
at pp. 276 and 279. 
3
 Sinha, S. B., “ J u d icial Reform in Justice-Delivery S y s te m ” (2004) 4 SCC (Jour) 35. 
4
 Wade, H.W.R & Forsyth, C.F., Administrative Law, Oxford University Press, United Kingdom, 10
th
 
edn., 2009 at p. 773. 
Page 5


                          
  
 
 
GOVERNMENT OF INDIA 
 
 
 
LAW COMMISSION OF INDIA 
 
Report No.272 
 
Assessment of Statutory Frameworks of  
Tribunals in India 
 
 
 
October, 2017
ii 
 
  
iii 
Report No. 272 
Assessment of Statutory Frameworks of  
Tribunals in India 
Table of Contents 
Chapter Title Page 
      I Introduction 1-9 
     II Tribunal System: A Global Perspective  10-20 
    III Tribunal System in India 21-33 
    IV Revisiting Recommendations of the Previous Law Commissions 34-42 
     V Uniformity in Appointment, Qualifications, Tenure and Conditions 
of Service  
43-53 
    VI Power of Judicial Review under the Constitution 54-64 
    VII Appeals to High Courts and the Supreme Court 65-77 
   VIII Bypassing the Jurisdiction of High Courts 78-85 
    IX Exclusion of Jurisdiction of all courts by an alternative mechanism 
and Access to Justice 
86-93 
     X Conclusions and Recommendations 94-100 
 Annexure I – The Tribunals Merged vide Finance Act, 2017 101 
 Annexure II – Removal Provisions relating to Tribunals 102-107 
 Annexure III –Tribunals from where the appeal lies to the High 
Court 
108 
 Annexure IV – Tribunals from where appeal lies to the Supreme 
Court 
109 
 Annexure V – Tribunals from where appeal lies to the Appellate 
Tribunals/Authorities 
110-111 
 Annexure VI – The Acts which precludes the jurisdiction of Civil 
Courts 
112-114 
CHAPTER – I 
INTRODUCTION 
 
1.1. The term ‘T ribuna l’ is derived from the word ‘T ribune s’, which means 
‘Ma g ist ra tes of the Classical Roman R e publi c ’.  Tribunal is referred to as the office of 
the ‘T ribune s’ i.e., a Roman official under the monarchy and the republic with the 
function of protecting the plebeian citizen from arbitrary action by the patrician 
magistrates. A Tribunal, generally, is any person or institution having an authority to 
judge, adjudicate on, or to determine claims or disputes – whether or not it is called a 
tribunal in its title.
1
 
 
1.2. ‘T ribuna l’ is an administrative body established for the purpose of discharging 
quasi-judicial duties. An Administrative Tribunal is neither a Court nor an executive 
body. It stands somewhere midway between a Court and an administrative body. The 
exigencies of the situation proclaiming the enforcement of new rights in the wake of 
escalating State activities and furtherance of the demands of justice have led to the 
establishment of Tribunals.
2
 
 
1.3. The delay in justice administration, is one of the biggest obstacles which have 
been tackled with the establishment of Tribunals.
3
 According to H.W.R Wade, “ The 
social legislation of the twentieth century demanded tribunals for purely administrative 
reasons; they could offer speedier, cheaper and more accessible justice, essential for 
the administration of welfare schemes involving large number of small claims. The 
process of Courts of law is elaborate, slow and c ostl y ….C omm iss ioner s of customs 
and excise were given judicial powers more than three centuries ago. Tax tribunals 
were in fact established as far back as the 18
th
 c e nt ur y . ”
4
 
 
1.4. In due course of time, a need for a system of adjudication has arisen which is 
more suited to give response to the emerging requirements of the society which may 
                                                 
1
 Walker, David M., Oxford Companion to Law, Oxford University Press, ISBN 0-19-866110-X, 1980 
at p.1239. 
2
 Kagzi, M.C.J, The Indian Administrative Law, Metropolitan Book Co. Pvt. Ltd., Delhi, 3
rd
 edn., 1973 
at pp. 276 and 279. 
3
 Sinha, S. B., “ J u d icial Reform in Justice-Delivery S y s te m ” (2004) 4 SCC (Jour) 35. 
4
 Wade, H.W.R & Forsyth, C.F., Administrative Law, Oxford University Press, United Kingdom, 10
th
 
edn., 2009 at p. 773. 
2 
not be so elaborate and costly as provided by the Courts of law. The primary reason for 
the creation of Tribunals was to overcome the crisis of delays and backlogs in the 
administration of justice. Therefore, the Administrative Tribunals have been 
established to overcome the major lacuna present in the Justice delivery system in the 
light of the legal maxim Lex dilationes semper exhorret which means ‘T he law always 
abhors de la y s’.
5
 
 
1.5. The delay in disposal of cases relating to civil matters is significantly increasing 
arrears, and the courts seem helpless in this matter. “ Th e necessities of the modern 
collectivist State with the aim of the creation of a socialist society are mul ti purpo se ” . 
The State has ceased to be neutral with the giving up of the philosophy of laissez faire 
and has become vigorous so as to affect every man in every sphere.
6
  
 
1.6. To overcome the situation that arose due to the pendency of cases in various 
Courts, domestic tribunals and other Tribunals have been established under different 
Statutes, hereinafter referred to as the Tribunals. A ‘tr ibunal’ in the legal perspective is 
different from a domestic tribunal. The ‘dome sti c tribuna l’ refers to the administrative 
agencies designed to regulate the professional conduct and to enforce disciple among 
the members by exercising investigatory and adjudicatory powers.  Whereas, Tribunals 
are the quasi-judicial bodies established to adjudicate disputes related to specified 
matters which exercise the jurisdiction according to the Statute establishing them. 
Similarly, Ombudsman looks into the complaints of grievances suffered by the citizen 
at the hands of some organ of the administration. 
 
1.7. The increase in number of statutory Tribunals mirrors the rise in State activities. 
Because the legislation has progressively bestowed benefits on individuals and 
subjected their everyday lives to propagating control and management, the scope for 
dispute between an individual and the State has emerged.
7
 Tribunals are cheaper (cost 
effective) than Courts but their constitution and functions are different from the Courts. 
                                                 
5
 K. I. Vibhute, “A d m i n i s tr ativ e Tribunals and the High Courts: A Plea for Judicial R e v ie w” 29 JILI 524 
(1987). 
6
 Supra Note 2 at 271. 
7
 Elliott, Mark, Beatson, Jack, Matthews, Martin, Administrative Law: Text and Materials, Oxford 
University Press, New York, 3
rd
 edn., 2005 at p. 679.