UPSC Mains 2025 GS Paper 2 Question Paper
Q. Comment on the need of administrative tribunals as compared to the court system. Assess the impact of the recent tribunal reforms through rationalization of tribunals made in 2021.
Introduction:
Administrative tribunals were created to provide specialised, speedy and less formal justice in administrative disputes, supplementing the traditional court system under Constitution of India (Articles 323A & 323B).
Need for Administrative Tribunals vis-à-vis Courts
Specialised adjudication
- Handle technical disputes (taxation, service matters, environment, corporate law).
- Example: National Green Tribunal, Central Administrative Tribunal.
Speedy justice
- Reduced procedural complexity compared to regular courts.
- Intended to address huge pendency in courts.
Expert participation
- Inclusion of technical members + judicial members improves quality of decisions.
Cost-effective and accessible
- Informal procedures → reduced litigation cost for citizens.
Administrative efficiency
- Frees higher judiciary to focus on constitutional and complex legal issues.
Committee/Expert support
- Administrative Reforms Commission (ARC) recommended tribunals for specialised dispute resolution.
Concerns in Tribunal System
- Vacancies and delays affecting efficiency.
- Executive control in appointments and administration raises concerns about independence.
- Overlapping jurisdiction with courts.
Tribunal Reforms and Rationalisation (2021)
Key changes under Tribunals Reforms Act, 2021:
- Abolition / merger of several appellate tribunals and transfer of functions to High Courts or other bodies.
- Uniform designation and service conditions for tribunal members.
- Search-cum-Selection Committee for appointments.
- Tenure fixed at 4 years, with age limits for members and chairpersons.
Impact of the 2021 Tribunal Reforms
Positive aspects
- Rationalisation and reduction of overlapping tribunals.
- Potential cost efficiency and administrative simplification.
- Integration of appellate functions with constitutional courts.
Challenges / Criticism
- Transfer of cases may increase burden on High Courts.
- Concerns over short tenure and executive influence, affecting tribunal independence.
- The Supreme Court of India struck down some provisions, holding that they violated judicial independence and separation of powers.
- Lack of specialised expertise in regular courts for transferred matters.
Conclusion:
Administrative tribunals remain essential for specialised and speedy justice, but their effectiveness depends on institutional independence, adequate staffing and balanced reforms ensuring efficiency without undermining judicial autonomy.
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