How far do you agree with the view that tribunals curtail the jurisdiction of ordinary courts? In view of…

Question

How far do you agree with the view that tribunals curtail the jurisdiction of ordinary courts? In view of the above, discuss the constitutional validity and competency of the tribunals in India.

Ghissu Editorial · Accepted Answer

Tribunals curtailed ordinary courts by design until 1997, but they now act as courts of first instance under High Court review, and their validity rests on judicial independence. L. Chandra Kumar (1997) made High Court review under Articles 226 and 227 part of the basic structure.

**Introduction**

The 42nd Amendment (1976) inserted Articles 323A and 323B to create tribunals for specialised, speedy justice. Since their parent laws once barred all courts but the Supreme Court, the charge that they curtail ordinary courts persists.

**How Far Tribunals Curtail Ordinary Courts**

1. **Exclusion by design**: Articles 323A(2)(d) and 323B(3)(d) let Parliament oust High Courts, as Section 28 of the Administrative Tribunals Act 1985 did, and the NGT Act 2010 still sends appeals straight to the Supreme Court.
2. **Review restored**: L. Chandra Kumar (1997) made High Court review under Articles 226 and 227 basic structure, so tribunals now supplement courts as courts of first instance.

**Constitutional Validity and Competency of Tribunals**

SKETCH: timeline | Tribunal Validity Rulings
- 1987 :: Sampath Kumar: CAT upheld
- 1997 :: L. Chandra Kumar: HC review
- 2014 :: NTT Act struck down
- 2019 :: Rojer Mathew: Rules voided
- 2025 :: 2021 Act clauses struck

1. **Valid but subordinate**: Sampath Kumar (1987) upheld the 1985 Act, and L. Chandra Kumar let tribunals test any statute except their parent Act.
2. **Core work protected**: Madras Bar Association (2014) struck down the National Tax Tribunal because substantial questions of law belong to High Courts.
3. **Independence tested**: Rojer Mathew (2019) voided the 2017 Rules, and in 2025 the Court struck provisions of the Tribunals Reforms Act 2021 for re-enacting invalidated tenure clauses.
4. **Competency mixed**: The NGT's expertise, seen in its Yamuna floodplain order on the 2016 Art of Living festival, is blunted by vacancies and ministry control.

**Way Forward**

1. **Independent oversight**: A National Tribunals Commission, secure tenure and appeals to High Court division benches would answer criticism of the Tribunal Reforms Bill 2026 (The Hindu, 2026).

**Conclusion**

The view holds only partly: tribunals curtailed courts by design until 1997 but now work under High Court review. Their real risk is executive control, and securing independence keeps specialised justice faithful to the rule of law.

How far do you agree with the view that tribunals curtail the jurisdiction of ordinary courts? In view of the above, discuss the constitutional validity and competency of the tribunals in India.

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