4. Tribunal

4. Tribunal

A tribunal does not mean the same thing as court. It is an adjudicating body constituted by statute and exercising judicial functions. The Tribunals are established by statute and by executive policies.

Tribunals are institutions established for discharging quasi-judicial duties. The objective may be to reduce case load of the judiciary or to bring in subject expertise for technical matters.

The Statute of tribunal has been recognized by the Article 136 and 227 of Constitution of India. Article 223 A and 223 B are inserted by 42nd Constitution Administrative Tribunals for settlement of specified disputes.

§     Tribunals Characteristics –

1. It is created by enactment & which is not a creation of Policy of Government.

2. Features of Court are found in Arbitration.

3. Procedural law & evidence Act provisions are not applicable to the Tribunals unless act as Tribunals allows it.

4. Subjectivity is the basis of Tribunal generally.

5. Lis and Quasi lis is also judges by tribunal.

6. High Court and Supreme Court can draw writ of certificate on tribunal.

7. Administrative authorities have contracted appointment, conditions of service etc. but the judicial function is independent to such contract.

Arbitration literally means determination or Settlement of any dispute by Private party / person outside the court in a judicial manner. A person who acts as a mediator between the litigant parties to settle the difference or dispute is called a meditator.

The Parties must be enabled to settle their disputes through a Tribunal of their choice & thus be able to withdraw the dispute from ordinary courts.

In Arbitration matters which can be referred :

All matters of Civil nature – civil litigation affecting private rights, Parties refer a pure question of law or facts.

In Arbitration matters which cannot be referred :

Matters related to Insolvency , matrimonial, validity of Will, Public Charities, appointment of guardian, industrial disputes, criminal proceedings (except compoundable Offences), Charitable Trusts, Monopolies and Restrictive Trade Practice Act, 1969, Dissolution or Winding up of a company under Companies Act 1956, Recovery of Octroi Duty, Title to immovable Property in a Foreign Country, possession of leased premises under Rent Control Act.

v    Arbitration is governed under Arbitration and Conciliation Act, 1996

Under this Act, Arbitral tribunals refer to panels of one or more arbitrators responsible for adjudicating disputes between parties.

This Act provides for minimize the supervisory role of Court in the arbitral process & it permit an arbitral tribunal to use mediation, conciliation or other procedures during the arbitral proceedings to encourage settlement of disputes. The award given is enforced is the same as if it were the Decree of the Court.

 

v  Difference between Arbitration and Conciliation:

Arbitration is proceeding, the award is the decision of arbitral tribunal

Conciliation means a decision is that of the parties arrived at with assistance of conciliator.

NO.	COURT	TRIBUNAL
1	A court is a part of traditional judicial system and they derive judicial power from the statue.	It is considered as any agency of a state exercising judicial function. It is a part & parcel of the executive branch of the state.
2	It has a power to try & decide all suits of a civil nature excepts suits expressly barred by a statute.	It has power to try and decide cases in special matters of allotted by statute.
3	A Court is generally presided over by an officer trained in law.	The President or a member of a tribunal may not be trained as well as in law.
4	The independent status is given to the judges of courts, in the matters of their tenure. The terms & conditions of service etc.	In this members of tribunal are entirely in the hand of the Government in respect to those matters.
5	The Court and Tribunal decided the matter between Citizen & citizen or citizen & Government.
6	The ordinary courts are bound by all the rules of evidence & procedure.	Tribunals are not bound by all the rules of evidence & procedure. Unless the relevant statute impose such n obligation.
7	The Ordinary Court must decide all questions objectively on the basis of the evidence and martials produced before it.	The Tribunals may decide the questions taking into account the departmental policies or expediency. It means the decisions of tribunals are subjective rather than objective.