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Home / IAS Preparation / Difference Between Court and Tribunal

Difference Between Court and Tribunal

Last Updated on Dec 10, 2024
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Understanding the Indian judicial system involves learning the difference between courts and tribunals. Both are the integral parts of the legal system responsible for the settlement of disputes; however they differ on two key grounds: composition, and jurisdiction, and procedural issues. Courts are traditional organizations that deal with a great number of civil and criminal matters following established legal procedures. Tribunals, for their part, are quasi-judicial bodies designed to deal with certain kinds of disputes having administrative or regulatory undertones, and procedure is often more flexible.

This is one of the most crucial topics relevant to the General Studies Paper II of the UPSC exam syllabus for the governance, constitution, polity, social justice, and international relations syllabus. An understanding of the judicial framework must involve all courts and tribunals to which aspiring civil servants should be alert.

GS Paper

General Studies Paper II

Topics for UPSC Prelims

Judicial System in India, Structure of Courts and Tribunals, Constitutional and Statutory Tribunals, Types of Courts, Administrative Tribunals

Topics for UPSC Mains

Difference in Powers and Functions of Courts vs Tribunals, Efficiency of Judiciary, Judiciary Reforms in India

What is a Court?

A court is an institution that, under the rule of law, has the administration of justice in civil, criminal, and administrative cases between parties. Courts follow formal legal procedures which are bound by precedents and statutory provisions.

Types of Courts in India

India has a highly structured judiciary with a judiciary hierarchy. The main forms of courts are as follows.

  • Supreme Court: The Supreme Court is the highest judicial authority in India. It has the ultimate appellate jurisdiction and is responsible for upholding the Constitution. It deals with constitutional, civil, and criminal cases of immense public importance.
  • High Courts: Every state and union territory has its own High Court. High Courts have jurisdiction over civil and criminal cases within their respective states and handle appeals from lower courts.
  • District Courts: They are district level courts which decide the civil and criminal matters falling in their area of jurisdiction. These come within the administrative domain of High Courts.
  • Subordinate Courts: These are various lower courts which include Civil Courts, Criminal Courts, Family Courts, and Small Causes Courts that deal with somewhat smaller civil and criminal matters.

Read the article on the Judiciary Under British India!

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What are Tribunals?

Tribunals are specialized bodies created to resolve disputes on specific issues, such as administrative, tax, service, or industrial matters. Tribunals are intended to provide an expeditious, effective, and less formal substitute for court processes. Technical members and judicial officers usually compose tribunals to ensure informed judgments in technical issues.

Types of Tribunals in India

Several tribunals have been set up in India, with their own respective jurisdictions. Some of the major tribunals are as follows:

  • Central Administrative Tribunal (CAT): Deals with disputes and grievances regarding central government employees' recruitment and service conditions.
  • Income Tax Appellate Tribunal (ITAT): Hears appeals under direct tax laws.
  • National Green Tribunal (NGT): Exercises authority over environmental protection and conservation of forests and other natural resources.
  • Securities Appellate Tribunal (SAT): It handles appeals against any order made by the Securities and Exchange Board of India (SEBI).
  • Debt Recovery Tribunal (DRT): It helps recover debts, which the borrower owes to banks or any other financial establishments.

Read the article on Judicial Delays!

Difference Between Court and Tribunal

The above differences between courts and tribunals can be better understood with the following comparative discussion:

Difference Between Court and Tribunal

Feature

Courts

Tribunals

Established By

Constitution or legislative statutes

Acts of Parliament or State Legislatures

Jurisdiction

Broad jurisdiction that includes civil, criminal, constitutional, and various other cases

Specific cases focusing on particular areas like administrative, tax, or environmental issues

Composition

Only judicial officers

Combination of judicial officers and technical experts

Procedure

Formal, regulated by rules of procedure, evidence, and precedents

Flexible, made to facilitate faster and more elaborate decision

Nature of Disputes

Deals with wide range of disputes including public and private law issues

Primarily deals with disputes in specialized fields like tax, labor, environmental regulations, etc.

Appeals

Appeals may be made to higher courts in a structured hierarchy

Appeals lie generally within the tribunals system or directly to High Courts

Binding Precedents

Decisions have binding effect on the lower courts

Limited to certain cases; generally not binding outside its domain

Example Bodies

Supreme Court, High Courts, District Courts

CAT, ITAT, NGT, SAT, DRT

Objective

To deliver integrated justice based on broad principles of law

Provide specialized, speedy resolution focusing on particular areas of the economy

Enforcement Power

Complete power to enforce; including penal sanctions

Generally confined to administrative enforcement and fine; normally requires support of regular courts to enforce

Accessibility

Generally accessible to the general public at large

May have certain requirements to institute cases

Legal Representation

Formal legal representation is often required and sometimes necessary

Legal representation can be less formal; sometime not required

Costs

It may be more expensive because of the formal procedures and lawyers

Costs are kept low and it is intended to be so

Read the article on Judicial Review!

Key Takeaways for UPSC Aspirants

  • Definition:
    • Court: A governmental institution endowed with the power to apply the law as well as interpret and administer it in judicial disputes.
    • Tribunal: A quasi-judicial body established to decide cases on particular matters like administrative law, tax, labor, etc.
  • Jurisdiction: The courts exercise very general jurisdiction over civil and criminal matters. Tribunals have specialized jurisdiction over certain kinds of disputes.
  • Composition: Courts are presided over by judges. Tribunals can be both judicial and non-judicial, with members consisting of experts in the field.
  • Procedures: Courts conduct formal judicial procedures, rules of evidence, and precedents. Procedures in tribunals are less formal but expedient.
  • Appeals: Judgments made by lower courts may be appealed to the higher courts in the judiciary hierarchy. Decisions given by tribunals can also be appealed to the higher judicial tribunals or courts.
  • Formation and Control: Courts have been established through the constitution with an array of jurisdiction and powers. Tribunals are statutory bodies whose creation is executed under specified laws.
  • Independence and Security: Judges in courts are constitutionally protected to maintain independence. Members of the tribunal are not always protected in the same way, although provisions exist to ensure impartiality.
  • Role and Function: Courts interpret and enforce the law as a general legal authority. Tribunals are specifically created to deal with specific types of disputes in an efficient manner.

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Difference Between Court and Tribunal UPSC FAQs

A tribunal is a quasi-judicial body set up to hear disputes in areas like administrative law, tax law, or employment. Tribunals provide specialized, efficient, and less formal resolution processes compared to traditional courts.

No, high courts and tribunals are different things. Tribunals, while specializing in a field, often with technical competence, have more limited jurisdictions as compared to high courts and appeals and revisional powers over almost the whole spectrum of civil and criminal cases, including those administered by certain tribunals.

Tribunals are governed by the statutory provisions under which they are established, often falling under the administrative purview of the relevant ministries or departments. The superior judiciary, however, consists mainly of High Courts and the Supreme Court, which can review tribunal decisions.

Tribunals play an important role in granting specialized expedient justice-this relieves the load off the regular courts from dealing with disputes arising from administrative, environmental, tax, and industrial matters. They offer expertise and focused adjudication in their respective domains.

Yes, tribunal decisions are normally appealable. Appeals usually occur in a higher forum in the tribunal system, or directly to the High Court or Supreme Court, under the statutory provisions governing a given tribunal.

Administrative tribunals are specialized bodies tasked with solving disputes that are related to administrative or regulatory issues using technical expertise and more flexible procedures. Courts handle a wide range of civil, criminal, and constitutional cases subject to formal legal process.

The special courts are of specific types, for instance anti-corruption courts or fast-track courts for specific crimes and work under formal judicial procedures. Tribunals, however, are quasi-judicial bodies that especially focus on specialized matters such as administrative or tax disputes and therefore provide faster and flexible mechanisms of resolution.
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