Tribunals were created to deliver speedy specialised justice but the L. Chandra Kumar judgment kept the High Courts as the ultimate constitutional check. Discuss.
Subtopic: Polity · Separation of Powers & Judicial Review
How to structure your answer
Introduction: Articles 323A and 323B, inserted by the 42nd Amendment 1976, empower Parliament and State Legislatures to set up administrative and other tribunals, originally with appeals lying directly to the Supreme Court.
Body: Three dimensions — (i) statutory base — Administrative Tribunals Act 1985 for CAT, and over fifteen subject tribunals; (ii) L. Chandra Kumar v. Union of India (1997) struck down clauses excluding High Court jurisdiction under Articles 226 and 227, restoring writ jurisdiction as a basic-structure feature; (iii) Tribunals Reforms Act 2021 abolished nine tribunals and standardised tenure and service conditions — Madras Bar Association v. Union of India (2021) struck down several provisions.
Way forward / Conclusion: A National Tribunals Commission (Justice R.C. Lahoti recommendation), separation of selection from administrative control, and clear procedural rules will deliver the original tribunal promise.
Written within the word limit
142 words · target 150 words · 9 min
Introduction: Articles 323A and 323B, inserted by the 42nd Constitutional Amendment 1976, empower Parliament and State Legislatures to set up administrative and other tribunals for speedy specialised justice.
Body: Three dimensions frame the constitutional check. First, statutory base — the Administrative Tribunals Act 1985 created the Central Administrative Tribunal, and over fifteen subject tribunals followed, including the National Green Tribunal under the NGT Act 2010. Second, L. Chandra Kumar v. Union of India (1997) struck down clauses excluding High Court jurisdiction under Articles 226 and 227, restoring writ jurisdiction as a basic-structure feature. Third, the Tribunals Reforms Act 2021 abolished nine tribunals; Madras Bar Association v. Union of India (2021) and Roger Mathew v. South Indian Bank (2019) struck down provisions on tenure and independence.
Conclusion: A National Tribunals Commission (Justice R.C. Lahoti and the 272nd Law Commission Report) with separated selection and administrative control will deliver the original tribunal promise.
What an examiner expects to see
- Articles 323A and 323B inserted by 42nd Amendment 1976
- Administrative Tribunals Act 1985 — Central Administrative Tribunal
- L. Chandra Kumar v. Union of India (1997) — High Court writ jurisdiction preserved
- Tribunals Reforms Act 2021 — abolished nine tribunals
- Madras Bar Association v. Union of India (2021) on tribunal tenure
- Roger Mathew v. South Indian Bank (2019) on tribunals' independence
- National Tribunals Commission recommended by 272nd Law Commission Report
Concrete cases, schemes and judgments
- L. Chandra Kumar v. Union of India (1997)
- Central Administrative Tribunal under Article 323A
- National Green Tribunal Act 2010
- Tribunals Reforms Act 2021
- Madras Bar Association v. Union of India (2021)