Answer: 

Tribunals in India are adjudicatory bodies that serve as an alternative to the traditional court system. Tribunals were established to provide swift, cost-effective, and decentralized resolution of disputes across various issues. The original Constitution did not contain provisions with respect to administrative tribunals. The 42nd Amendment Act of 1976 added a new Part XIV-A to the Constitution. This part is entitled ‘Tribunals’ and consists of Article 323A and Article 323B.

Constitutional and legal provisions pertaining to Administrative Tribunals in India

•   Article 323A-It empowers the Parliament to provide for the establishment of administrative tribunals for the adjudication of disputes relating to recruitment and conditions of service of persons appointed to public services of the Centre, the states, local bodies, public corporations and other public authorities.
• Administrative Tribunals Act, 1985-In relation to Article 323 A, The Parliament enacted the Administrative Tribunals Act in 1985, which empowers the Central government to establish the Central Administrative Tribunal and state-level administrative tribunals. This Act opened a new chapter in the sphere of providing speedy and inexpensive justice to the aggrieved public servants.

Tribunals needs reform

Issues with Tribunals in India

•   Conflict of Interest: Government is one of the main litigants in the tribunals. However, the appointments and removal of members of tribunals lie with the government.
•   Tribunalisation of justice: Tribunals take away the power of regular courts, undermining the judiciary's authority and violating the principle of separation of powers.
•   Lack of independence: Salary, condition of office, and term of members of tribunals are decided by the executive, hence affecting the independence of tribunals.
•     Overlapping Jurisdiction: There are some instances of overlapping jurisdiction of tribunals, such as the Competition Appellate Tribunal (COMPAT) with the National Company Law Appellate Tribunal (NCLT).
•   Jurisdiction of High Courts: By-passing the jurisdiction of High Courts has been a major criticism against tribunals which has been partly resolved under the Chandra Kumar Case (1997), where appeals were allowed in the division bench of High Courts.
•   Administrative concerns: There is non-uniformity in the appointment process, qualification of members, age of retirement, resources, and infrastructure of different tribunals working under different ministries, which hampers their overall efficiency.
•   Pendency: There is high pendency in tribunals due to reasons such as a shortage of personnel. According to the 272nd Law Commission Report, the pendency figures for the CAT is 44,333 cases.
• Persisting Vacancies:  In 2021, the Supreme Court noted that the vacancies of 20 presiding officers, 110 judicial members, and 111 technical members were pending across the country in various tribunals.

Reforms can help towards the better functioning of tribunals in India

•   National Tribunal Commission: The 74th report of the Parliamentary standing committee on Law recommended the creation of a National Tribunal Commission (NTC) to regulate issues linked with tribunals such as oversee the selection process, set eligibility criteria for appointment, etc.
•   Timely appointments: It is important to ensure that appointments to tribunals are made in a timely manner to avoid the delays in justice delivery.
•   Independence and autonomy: Appointment, removal, and terms of service of tribunal members must be free from political interference.
•   Rationalization of tribunals: There are currently many tribunals in India, leading to duplication of functions and overlapping jurisdictions. A rationalization of tribunals could help to streamline their functioning and make them more effective.

Hence, in order to serve the true purpose of the tribunal, it needs to implement the above mentioned suggestions. Moreover, law commission recommendations regarding appointment, qualification, selection and tenure of members as well as location of tribunals should be implemented in letter and spirit as well.