The Supreme Court’s Clarification on Tribunal’s Power
In this article, we will delve into the recent Supreme Court (SC) case Union of India (UoI) & Ors. v. AIR Commodore NK Sharma (2023), and understand the role of tribunals in the Indian judicial system.
Understanding the Case: UoI & Ors. v. AIR Commodore NK Sharma
The primary focus of the case was whether the Armed Forces Tribunal (AFT) had the authority to direct the government to formulate a policy, specifically for filling up the post of the Judge Advocate General (Air). The verdict of the SC was that tribunals, including AFT, do not possess the power to direct the government in policy formulation.
The Ruling of the Supreme Court
The SC highlighted that policymaking is not within the judiciary’s domain, which includes quasi-judicial bodies like the AFT. Despite the AFT having similar powers to a civil court, it falls short of the authority held by the SC or High Courts. Moreover, even High Courts under Article 226 of the Constitution cannot order the government or its departments to create specific policies.
Article 226 permits High Courts to take action against governmental entities if a citizen’s rights and freedoms are infringed upon. Policies regarding the service of defense personnel or their regularization are exclusively the government’s jurisdiction.
What is a Tribunal?
A tribunal is a quasi-judicial entity set up to handle issues such as administrative or tax-related disputes. Introduced into the Indian Constitution by the 42nd Amendment Act, 1976, it performs functions like adjudicating disputes, determining rights between contesting parties, and reviewing administrative decisions.
The Constitutional Provisions for Tribunals
Articles 323-A and 323-B of the Indian Constitution deal with the establishment and functions of administrative tribunals and other tribunals, respectively. Article 323-A is for public service matters, whilst 323-B covers other matters like taxation, foreign exchange, import and export, land reforms, and many more. The primary differentiation is that tribunals under 323-A can only be established by Parliament, whereas those under 323-B can be created by both Parliament and state legislatures.
Tribunal’s Role in Inter-State Conflicts
Article 262 of the constitution allows the Central government to play a role in resolving conflicts related to inter-state rivers among state/regional governments.
Various Types of Tribunals in India
Several types of tribunals exist in India, including Administrative Tribunals, Water Disputes Tribunal, the Armed Forces Tribunal, National Green Tribunal, and the Income Tax Appellate Tribunal.
Each tribunal has its specific set of responsibilities and jurisdiction. For instance, the Administrative Tribunals focus on disputes related to recruitment and service terms for individuals in public posts under Union and State governance. The Water Disputes Tribunal adjudicates disputes related to inter-State rivers, while the Armed Forces Tribunal focuses on disputes and complaints related to service conditions in the armed forces.
National Green Tribunal (NGT) and its Role
The National Green Tribunal (NGT) was established via the National Green Tribunal Act 2010 and is dedicated to swiftly settling environmental disputes. It consists of judges and environmental experts focusing on cases regarding nature conservation and damage compensation.
To conclude, tribunals play a vital role in the Indian judicial system, each with their defined jurisdiction and roles. They ensure efficient dispute resolution and maintain checks and balances in the system.
