Difference Between Tribunal and Court

The part of the government (judicial system) that deals with laws and courts has many important works to do; these include solving problems between people or groups (dispute resolution), checking if laws are fair (judicial review), making sure everyone's basic rights are protected (enforcement of fundamental rights), and seeing how laws work (regulation of the common law system). In India, there are different levels of courts. These are the Supreme Court, the High Courts, and the lower courts, like district courts and tribunals.

One of the main differences between courts and tribunals is how they are connected in the legal system; tribunals are like helpers (small part) to courts and follow their rules, and courts mainly make sure that laws are followed in their areas, but tribunals focus on specific things like cooperatives, job disputes, taxes, and accidents.

Even though tribunals and courts work differently, they both have very important jobs in making sure justice is served. They each deal with a particular type of case in their areas. It is very important to have a basic understanding of the court and tribunals, so in this article, we will get a basic understanding of tribunals and courts and the difference between them, ending this article with a conclusion.

Tribunals

A tribunal is a special team that acts as a link between courts and government departments. They work similarly to courts. We can also say that tribunals have quasi-judicial functions; tribunals help courts by dealing with certain kinds of cases. This helps deliver justice faster.

The word "tribunal" comes from the word "tribunes," which refers to those officials who were important in ancient Rome. They had their jobs, like resolving arguments, deciding who was right in disputes, making decisions in the name of government, and they made sure of fairness in current decisions.

Tribunals in the Constitution of India

Tribunals became part of the Indian legal system with the 42nd Amendment to the Constitution in 1976; this update added the term "tribunal" to the Constitution, which was mentioned in Articles 323A and 323B. However, the first tribunal in India was the Income Tax Appellate Tribunal, which was established in 1941 (before the amendment in 1976).

• Article 323A in the Indian Constitution allows Parliament to create tribunals, which handle issues like disputes or complaints about hiring and working conditions for government jobs. This rule applies to matters concerning the central government, state governments, local authorities, government-controlled organizations, and companies owned or managed by the government.
• Article 323B in the Indian Constitution allows both Parliament and State Legislatures to make tribunals, and these tribunals deal with problems, complaints, or crimes linked to certain topics listed in Clause (2) of the article; clause (1) includes different issues like taxes, industrial disputes, land rules, elections, and more.
• The difference between Articles 323A and 323B is simple; Article 323A lets only Parliament decide about public services, but Article 323B lets both Parliament and State Legislatures decide on a wider range of issues, not just public services.

After these articles were introduced, the government established tribunals to handle different problems; these tribunals have been good because they make the justice system faster and cheaper than using regular courts.

Some Examples of Tribunals

In India, many tribunals are used to solve cases in different fields, some of them are discussed below:

• Administrative Tribunals: These special courts are made based on the Administrative Tribunals Act of 1985, and they handle problems concerning public jobs, as mentioned in Article 323A of the Constitution. The main idea behind the tribunal is to solve arguments about how people get hired and the rules of their jobs in government, both at the national level and in local areas.
• Income Tax Appellate Tribunals: The tribunal deals with appeals about direct taxes; usually, its decisions are final and cannot be appealed again, but if there is a legal question, it can be taken to the High Court for a final decision.
• Industrial Tribunal (Labor Court): The tribunal is like a team that solves issues related to industries, and one person usually leads it, called the presiding officer.
• Motor Accidents Claim Tribunals: The tribunal deals with cases about motor accidents as per the Motor Vehicle Act of 1988; this law says every vehicle must have third-party insurance, and the tribunal follows certain steps to solve arguments over claims.
• National Green Tribunal: The National Green Tribunal (NGT) was created by the National Green Tribunal Act of 2010, and its main job is to deal with matters about protecting the environment.
• Water Disputes Tribunal: The Water Disputes Tribunal operates under the Inter-State River Water Dispute Act of 1956. Its main job is to solve problems with water from rivers that cross state borders (within a country).
• Armed Forces Tribunal: The Armed Forces Tribunal was established under the Armed Forces Tribunal Act of 2007 and deals with matters involving the armed forces (within a country).

Courts

Courts are government bodies where they solve different problems related to different matters; we can relate it as an example: they act like referees using laws to settle fights between people, groups, or the government. Courts are very important because they make sure that everyone follows the rules, gets treated fairly, and gets justice.

In India, the legal system has three levels: the highest is the Supreme Court, which works nationally, and below that are the High Courts, which work at the state level. Each state usually has its own High Court, and there are 25 High Courts in India. The lowest level is the district courts, also known as lower courts.

All the three types of courts are discussed below:

• Supreme Court: The Supreme Court is the highest in the country and has the most important legal power in India; all other courts have to obey its decisions. The Supreme Court hears appeals from the High Courts and certain tribunals in both civil and criminal cases, and it is also in charge of making sure people's fundamental rights are protected.
• High Courts: The High Court is the second most important court (after the Supreme Court) in every state. It handles both civil and criminal cases and has a lot of authority; additionally, it supervises the lower courts and tribunals in its region.
• Subordinate Courts: There are different civil and criminal courts in different places, some for beginning cases and others for reviewing them; these courts do similar things across the country, but there can be some differences because of local rules and laws.

Each court has its powers and responsibilities. The Supreme Court can hear cases directly under Article 131 of the Constitution and can also address petitions regarding fundamental rights under Article 32. High Courts can review decisions from lower courts and can also issue writs under Article 226 of the Constitution. District Courts are divided on the basis of their duties, like session courts, which handle criminal cases. A court is like a government building where people's arguments are solved using official legal procedures. Its main goal is to ensure fairness and justice in civil, criminal, and regulatory matters by following the law.

Tribunals Vs. Courts

Some of the common differences between Tribunals and Courts are discussed below:

Conclusion

Tribunals and courts have their things to do in the legal system. Tribunals are special groups with legal powers provided by laws; they were made to help courts by handling arguments within government departments fairly, and tribunals are less strict than courts so that they can work more quicker and more flexibly. The people who decide on tribunals know a lot about the departments they deal with, which helps them make good choices. While tribunals can only handle certain kinds of cases, they usually do extra jobs like administration along with solving arguments.

Courts are traditional legal places with a lot of history. They are mainly there to solve fights in many different areas, like family, business, and crime. They follow strict rules and decide based on proof and legal knowledge. Courts also check whether laws are good or not and deal with many different kinds of problems in the country.

Both tribunals and courts are really important in the legal system; they make sure things are fair, and arguments get solved. Tribunals are good for dealing with specific government problems quickly and well. Courts handle a wider range of issues and have been around for a long time with a traditional setup; having both tribunals and courts helps keep the legal system fair and balanced, and it makes sure different kinds of issues in society are dealt with properly and helps justice work well.