Comment on the need of administrative tribunals as compared to the court system. Assess the impact of the recent tribunal reforms…

Administrative tribunals (Articles 323A and 323B) address the structural limitations of conventional courts by providing domain-specific technical expertise in complex areas like taxation (ITAT), environment (NGT), and military service (AFT). By adopting flexible procedures over rigid civil codes, they deliver speedier, cost-effective justice, significantly de-clogging regular courts.

Impact of 2021 Rationalization

The Tribunals Reforms Act, 2021 abolished nine specialized tribunals (including IPAB) and transferred their jurisdiction to High Courts. While this streamlined administrative costs and eliminated underperforming bodies, it increased capacity strain on an already overburdened judicial system, leading to a loss of specialized adjudication.

Furthermore, provisions prescribing four-year tenures, a 50-year minimum age entry bar, and executive dominance in Search-cum-Selection Committees raised serious concerns about judicial independence. In Madras Bar Association v. Union of India (November 2025), the Supreme Court struck down these provisions as violating separation of powers and directed the Centre to set up a National Tribunals Commission.

Ultimately, while streamlining tribunal architecture is necessary, true reform requires preserving institutional autonomy and technical specialization rather than shifting pendency back to traditional courts.