‘Tribunalization’ of justice may lead to ‘Trivialization’ of justice. In this context, discuss the objectives and issues associated with tribunals. Also suggest measures.
Tribunals are quasi-judicial bodies, which adjudicate dispute, between parties, but not courts in the traditional sense.
Objective:
- Offer specialization, as expert knowledge is involved with judicial wisdom.
- Reduce costs of dispute settlement.
- Tackle “Docket explosion” of cases.
- As they are not bound by CrPc, offers less rigidity (only principles of natural justice are needed).
Issues with tribunals:
- They have become bureaucratic boards, due to control of parent ministry. There is an erosion of separation of powers.
- Supreme court in L. Chandra Kumar case, declared the removal of supreme court & high court jurisdiction as unconstitutional. As judicial review is a part of basic structure.
- This itself affected the very role of tribunals.
- Lack of infrastructure, delays in appointments. E.g. challenges faced by NCLT in IBC resolution.
Measures needed: (recommended by Justice Chauhan – Law commission)
- Separate supervisory board, under single ministry.
- It called for review of L. Chandra Kumar case.
- High powered committee by CJI (or his appointee) for appointments.
Thus, reforms are needed to prevent Tribunalization of Justice to become Trivialization of Justice.
Originally written on
July 5, 2023
and last modified on
October 27, 2024.