The Tribunalisation of Justice in India

• Jurisdiction: South Africa
• Published date: 15 August 2019
• Citation: 2006 Acta Juridica 288
• Date: 15 August 2019
• Author: Arvind P Datar
• Pages: 288-302

The Tribunalisation of Justice in India

ARVIND P DATAR

Madras High Court, India

The 20th century has seen an exponential growth in the number of

tribunals not only in the United Kingdom but in India as well. Tribunals

mark a departure from the basic principle that disputes arising between

parties must be decided by the established courts of law.

I HISTORICAL BACKGROUND

In the UK, the Commissioners of Customs and Excise were given

judicial powers as early as 1660. The General Commissioners of Income

Tax that were established in 1799 continue to function to date. The

delivery of justice through tribunals, other than ordinary courts of law, in

the UK was reviewed recently by Sir Andrew Leggatt, a former judge of

the UK Court of Appeal, who submitted his report in March 2001.

Although there are 70 different administrative tribunals in the UK, which

together decide about one million cases a year, only 20 of the tribunals

decide more than 500 cases a year. The tribunals, it was found, were not

independent of the departments that sponsored them. The object of the

review was, therefore, to recommend a system that was ‘independent,

coherent, professional, cost effective and user-friendly.’

1

The Leggatt

Committee report merits a close study by other countries in the

Commonwealth. It is also necessary to bear in mind the recommenda-

tions made by the Franks Committee

2

almost 50 years ago.

In India, the Income Tax Appellate Tribunal was established in 1941

and today has more than 50 Benches with over 100 members. Soon after

Indian independence in 1947, Industrial Tribunals were set up followed

by Sales Tax Appellate Tribunals. In tax tribunals, the disputes are

between the concerned revenue departments and individual assessees.

Later, tribunals were created to deal with disputes that were adversarial in

nature and between private parties. Today, tribunals have become a

permanent feature of the justice delivery system. Unfortunately, in India,

they have been created in the absence of clear policies on recruitment and

control.

II JUSTIFICATION FOR TRIBUNALS:

The creation of a tribunal is, in a sense, an admission that the ordinary

courts of law cannot deal adequately with a particular dispute or a

* Senior Advocate, Madras High Court, India.

1

Sir Andrew Leggatt Tribunals for Users: One System, One Service (2001).

2

Report of the Committee on Administrative Tribunals and Enquiries (Franks Commit-

tee).

288

2006 Acta Juridica 288

© Juta and Company (Pty) Ltd