Chapter 14 · Topic 14.4 · Prelims + Mains4 of 4
Judiciary: Tribunals
Key points
- Tribunals: Art 323A and 323B (42nd Amendment); CAT 1985; Chandra Kumar; Tribunals
- Access: Art 39A, NALSA (1987 Act), Lok Adalats (no appeal), Gram Nyayalayas (2008; civil and
9 PYQs 2016–2025
Prelims box: facts and traps
| For tribunals | Against |
|---|---|
| Speed, expertise, lower | Executive control over |
| cost, less formal | appointments, vacancies, |
| procedure. | and appeals that end up in court anyway.. |
- On 19 November 2025 the Supreme Court struck down Sections 3–7 of the Act, on appointments, tenure and service conditions, as a re-enactment of the ordinance it had already struck down.
- In L. Chandra Kumar (1997) the Supreme Court held that the power of judicial review of the High Courts and the Supreme Court is part of the basic structure.
- The Administrative Tribunals Act, 1985 set up the Central Administrative Tribunal (CAT) and allows State Administrative Tribunals.
- Trap (UPSC Prelims 2016, the 'Gram Nyayalaya Act'): “As per the Act, Gram Nyayalayas can hear only civil cases and not criminal cases” is incorrect.
- Trap (UPSC Prelims 2020): “Member of Other Backward Classes (OBC) with an annual income of less than ₹ 3,00,000” is incorrect. “All Senior Citizens” is incorrect.
On this page (3 sections)
Tribunals
The 42nd Amendment (1976) added Part XIV-A. Art 323A lets Parliament set up administrative tribunals for public servants’ service matters; Art 323B lets Parliament and State legislatures set up tribunals for tax, land reform, industrial disputes, elections, food supply and similar matters. The Administrative Tribunals Act, 1985 set up the Central Administrative Tribunal (CAT) and allows State Administrative Tribunals.
Mains 2018 asked whether tribunals curtail the jurisdiction of ordinary courts, and about their constitutional validity. In L. Chandra Kumar (1997) the Supreme Court held that the power of judicial review of the High Courts and the Supreme Court is part of the basic structure. Tribunals can be courts of first instance, but their decisions can be challenged before a division bench of the High Court. So tribunals supplement the courts; they do not replace them.
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.
Mains 2019 quoted the line: the Central Administrative Tribunal… nowadays is exercising its powers as an independent judicial authority. Points: CAT decides service disputes for Central employees, follows natural justice rather than the Civil Procedure Code, has contempt powers, and since Chandra Kumar is subject only to the High Court’s review. Concerns: retired bureaucrats as members, and the government as the main litigant.
“The Central Administrative Tribunal, which was established for redressal of grievances and complaints by or against central government employees, nowadays is exercising its powers as an independent judicial authority.” Explain.
Mains 2025 asked about the need of administrative tribunals and the recent tribunal reforms through rationalization of tribunals made in 2021. The Tribunals Reforms Act, 2021 abolished several appellate tribunals and boards (including the Film Certificate Appellate Tribunal and the Intellectual Property Appellate Board) and shifted their work to High Courts and commercial courts. On 19 November 2025 the Supreme Court struck down Sections 3–7 of the Act, on appointments, tenure and service conditions, as a re-enactment of the ordinance it had already struck down. It directed the Centre to set up a National Tribunals Commission within four months.
Comment on the need of administrative tribunals as compared to the court system. Assess the impact of the recent tribunal reforms through rationalization of tribunals made in 2021.
| For tribunals | Against | Fix |
|---|---|---|
| Speed, expertise, lower | Executive control over | An independent National |
| cost, less formal | appointments, vacancies, | Tribunals Commission, as |
| procedure. | and appeals that end up in court anyway. | the Court has directed. |
Legal aid, Lok Adalats, Gram Nyayalayas and
arbitration Art 39A (added in 1976) directs free legal aid. The Legal Services Authorities Act, 1987 set up NALSA, with the CJI as Patron-in-Chief. Its objective is to provide free and competent legal services to the weaker sections of the society on the basis of equal opportunity, and it issues guidelines to State Legal Services Authorities. Both 2013 statements are correct.
With reference to National Legal Services Authority, consider the following statements : 1. Its objective is to provide free and competent legal services to the weaker sections of the society on the basis of equal opportunity. 2. It issues guidelines for the State Legal Services Authorities to implement the legal programmes and schemes throughout the country. Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: (c) · UPSC official key
Which people do Legal Services Authorities provide free legal services to? women and children, SCs and STs, persons with disabilities, victims of trafficking or disasters, industrial workmen, people in custody, and people below an income limit that each State sets. Being an OBC or a senior citizen does not by itself entitle a person. In the 2020 question, the limits listed for persons (₹1 lakh) and transgender persons (₹2 lakh) were the ones accepted in the key (1 and 2 only).
In India, Legal Services Authorities provide free legal services to which of the following type of citizens? 1. Person with an annual income of less than ₹ 1,00,000 2. Transgender with an annual income of less than ₹ 2,00,000 3. Member of Other Backward Classes (OBC) with an annual income of less than ₹ 3,00,000 4. All Senior Citizens Select the correct answer using the code given below :
- 1 and 2 only
- 3 and 4 only
- 2 and 3 only
- 1 and 4 only
Show answer
Answer: (a) · UPSC official key
Gram Nyayalayas (the Gram Nyayalaya Act, 2008, as UPSC wrote it) are mobile courts at the intermediate panchayat level, presided over by a Nyayadhikari. They hear both civil and criminal cases, so statement 1 of 2016 is wrong, and the Act allows social workers at the village level to be appointed as conciliators. Key: 2 only.
With reference to the ‘Gram Nyayalaya Act’, which of the following statements is/are correct? 1. As per the Act, Gram Nyayalayas can hear only civil cases and not criminal cases. 2. The Act allows local social activists as mediators/reconciliators. Select the correct answer using the code given below.
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: (b) · UPSC official key
Mains 2024 asked to distinguish between Lok Adalats and Arbitration Tribunals. A Lok Adalat settles cases by compromise; its award is deemed a decree of a civil court and no appeal lies against it; it handles civil disputes and only compoundable criminal offences; there is no court fee. Permanent Lok Adalats for public utility services (added in 2002) can decide on merits if conciliation fails. Arbitration (Arbitration and Conciliation Act, 1996) is chosen by contract, the arbitrator decides and the award is binding, it is limited to civil and commercial disputes, and courts can set aside an award only on narrow grounds.
Explain and distinguish between Lok Adalats and Arbitration Tribunals. Whether they entertain civil as well as criminal cases?
Mains view: pendency and judicial reforms
Every judiciary answer gains from naming the problem: crores of pending cases (track the National Judicial Data Grid for the current figure), vacancies in the High Courts and lower courts, few judges per million people, adjournments, and the government as the biggest litigant.
| Reform | Detail |
|---|---|
| Appointments | Finalise the Memorandum of Procedure; fill vacancies on time; consider an All India Judicial Service (Art 312) |
| Process | Limit adjournments; case management; e-Courts and virtual hearings |
| Alternative dispute resolution | Lok Adalats, mediation (Mediation Act, 2023), Gram Nyayalayas, commercial courts |
| Tribunals | National Tribunals Commission; judicial members; clear tenure |
| Government litigation | National litigation policy; settle rather than appeal by default |
| Independence | Access Speed |
| Collegium transparency | Legal aid and Gram Pendency is the biggest |
| without executive control. | Nyayalayas for the poor. threat to rights. |
→ Union Executive The Attorney General and the executive’s side of litigation.
Mains box: analysis and answer points
- Arbitration (Arbitration and Conciliation Act, 1996) is chosen by contract, the arbitrator decides and the award is binding, it is limited to civil and commercial disputes, and courts can set aside an award only on narrow grounds.
- Likely next angle: National Tribunals Commission after the November 2025 judgment
- Asked: Mains 2018 (GS Paper II, 15 marks): 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.
Practice
Prelims PYQs on this topic (8)
Consider the following pairs :
| Provision in the Constitution of India | Stated under
| I. Separation of Judiciary from the Executive in the public services of the State | The Directive Principles of State Policy
| II. Valuing and preserving of the rich heritage of our composite culture | The Fundamental Duties
| III. Prohibition of employment of children below the age of 14 years in factories | The Fundamental Rights
How many of the above pairs are correctly matched?
Answer (c) & explanation
All three pairs are correctly matched (c). Pair I is right: separation of the judiciary from the executive is Article 50, a Directive Principle. Pair II is right: valuing and preserving our composite culture is Article 51A(f), a Fundamental Duty. Pair III is right: no child below 14 may work in factories, mines or hazardous work under Article 24, a Fundamental Right. So options (a), (b) and (d) fail.
Notice related provisions: Article 21A gives free education for ages 6–14 (86th Amendment, 2002), and Article 51A(k) asks parents to educate their children. The Child Labour Amendment Act, 2016 banned all child labour below 14. Article 39(e) and (f) protect children too.
Article 45 (early childhood care, a DPSP) and Article 24 (a Fundamental Right) both talk about children. Keep them apart.
Answer as per the official UPSC answer key.
Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?
Answer (a) & explanation
An independent judiciary is the essential federal feature (a). A federation divides power between the Union and the States. That division needs an independent umpire to settle disputes between them and to interpret the Constitution, so the independence of the judiciary is an essential federal feature. In India, the Supreme Court settles Centre–State disputes under Article 131. Option (b) can exist in a unitary state with regional seats. Option (c) is a matter of politics, not structure. Option (d) concerns rights, which unitary states also protect.
Notice the other federal features: a written Constitution, division of powers (Seventh Schedule), bicameralism and a rigid amendment process. India is often called "quasi-federal", after K.C. Wheare.
Answer as per the official UPSC answer key.
Which one of the following best defines the term 'State'?
Answer (a) & explanation
Option (a) best defines the State (a). Political science names four elements of a State: population, territory, government and sovereignty. Option (a) has all four: a community of persons (population), a definite territory, independence from external control (sovereignty) and an organised government. Option (b) leaves out sovereignty and adds aims such as protecting natural rights. Option (c) describes a nation or community with shared culture, and also misses sovereignty. Option (d) adds features, such as an independent judiciary, that a State need not have.
Notice the difference between State and nation: a nation is a people with a shared identity; a State is a political body. Under Article 12, "State" in India also covers bodies like Parliament and local authorities.
(b) is long and sounds complete, but it never mentions independence from outside control.
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Answer as per the official UPSC answer key.
With reference to Indian judiciary, consider the following statements :
- 1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India.
- 2. A High Court in India has the power to review its own judgement as the Supreme Court does.
Which of the statements given above is/are correct?
Answer (a) & explanation
Only statement 1 is correct (a). Statement 1 is right: Article 128 lets the Chief Justice of India, with the President's previous consent, request a retired Supreme Court judge to sit and act as a judge again. Statement 2 turns on the words "as the Supreme Court does". Article 137 gives the Supreme Court an express power to review its own judgments. The Constitution has no matching article for High Courts, which draw review power from the Code of Civil Procedure and their status as courts of record. So UPSC treated statement 2 as wrong.
Notice the matching rule for High Courts: Article 224A lets a Chief Justice ask a retired High Court judge to sit again. The Supreme Court revived this to clear pending cases in 2021.
read statement 2 as a question about the text of the Constitution. Article 137 has no High Court twin.
Answer as per the official UPSC answer key.
Which one of the following factors constitutes the best safeguard of liberty in a liberal democracy?
Answer (d) & explanation
Separation of powers is the best safeguard of liberty (d). Liberty is safest when no single organ holds all power, so each can check the others. That is Montesquieu's case for the separation of powers in The Spirit of the Laws (1748). Option (a) is a trap: a "committed" judiciary, meaning one committed to the government of the day, as debated in India in the 1970s, is a danger to liberty. Option (b) is wrong: centralising power threatens liberty. Option (c) is wrong: an elected government can still become oppressive, the "tyranny of the majority".
Notice that India has a functional separation of powers rather than a strict one; it is part of the basic structure. The US Constitution follows it most strictly, with checks and balances.
(a) sounds good, but "committed judiciary" was a 1970s phrase for a judiciary loyal to the government.
Answer as per the official UPSC answer key.
In India, separation of judiciary from the executive is enjoined by
Answer (b) & explanation
A Directive Principle requires it (b). Article 50, in Part IV, directs the State to take steps to separate the judiciary from the executive in the public services of the State. The aim is that the same officers should not both run the administration and judge cases. The Code of Criminal Procedure, 1973 put this into effect by creating separate judicial magistrates, while executive magistrates handle law and order. The Preamble (a) does not mention it. The Seventh Schedule (c) divides subjects between the Centre and states. It is not merely a convention (d).
Notice that judicial independence and the separation of powers are part of the basic structure. The CrPC was replaced by the Bharatiya Nagarik Suraksha Sanhita in July 2024, which keeps this separation.
Answer as per the official UPSC answer key.
Mains PYQs on this topic (1)
Write an answer
In 150 words, explain the significance of Judiciary with one recent example.
Flashcards (4)
Which Article covers administrative
tribunals? Art 323A (Parliament only).
Which case said tribunal decisions are
subject to High Court review? L. Chandra Kumar (1997).
Can Gram Nyayalayas hear criminal cases?
Yes, both civil and criminal.
Is there an appeal against a Lok Adalat
award? No. It is deemed a civil court decree.
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