Decodifying Legislatures Intent on Abolition of Tribunals

Our Indian legal system is encountering with a lot of backlog of cases. On the month of July, while addressing a keynote, Hon’ble CJI NV Ramana, at the India-Singapore Mediation Summit, quoted that there are approximately 45 million cases pending in the Indian courts. It has been increased more due to Covid-19-induced lockdowns and restrictions and also for the vacancies of the Judges from the lower courts to higher courts. We have come across a very common maxim called “Justice delayed is justice denied". For the sake of putting forward fast justice and for relieving the burden of judiciary, “Tribunals” has been set up. It is an administrative body formed for motive of discharging quasi-judicial duties. The tribunals are not actually courts but they are directed by the principles of Natural Justice. u/a 32, 136, 226 and 227 of the Constitution of India, the “Administrative Tribunals” has been constitutionally recognized. Recently after the passing of the Tribunal Reforms Bill, 2021, the legislature has abolished nine appellate Tribunals which has been consequence into conflict between the legislature and the judiciary on the abolition of tribunals. Various renowned persons and Judges of other High courts are against abolition of Tribunals, because in their perspective, abolition of tribunals will take away the boon that was gifted to the Judiciary and ultimately confining them with the cases only. The authors hereby aim to proceed this research in 3 parts, firstly to examine the validity and constitutionality of the Tribunals Act. Secondly, to discuss about the positive aspects of tribunalisation in India. And lastly, to deliberate the views of the legislature and judiciary on the abolition of tribunals.