Tribunalisation of justice, enacted via the Constitution (Forty-second Amendment) Act, 1976 that introduced Articles 323A and 323B, can be considered one of the most important structural changes in the delivery of justice in India. Envisioned as a way to alleviate congestion of dockets and achieve speedy and specialised adjudication, tribunals have at the same time sparked a constant constitutional debate about their consistency with judicial review and the doctrine of separation of powers that are regarded as elements of the basic structure of the constitution. This paper analyses the constitutional validity of tribunalisation based on the evolution of the relevant jurisprudence from the case of S.P. Sampath Kumar v. Union of India and L. Chandra Kumar v. Union of India to the subsequent series of cases Union of India v. R. Gandhi, Rojer Mathew v. South Indian Bank Ltd., and Madras Bar Association v. Union of India leading up to the recent decision of the Tribunal Reforms Act, 2021. The paper asserts that although the Supreme Court has always held that the constitutionality of setting up tribunals as a complement to High Courts and not as a substitute for High Courts, the frequent executive efforts to exercise control over the appointments and tenure of the tribunals demonstrate an inherent contradiction between efficiency and judicial independence. The paper concludes with a discussion on the National Tribunals Commission.
Pathak, D. (2026). Tribunalisation of Justice in India: Constitutional Validity, Judicial Review, and the Doctrine of Separation of Powers. International Journal of Global Research Innovations & Technology, 04(02(II)), 97–103. https://doi.org/10.62823/IJGRIT/4.2(II).9141
- INDIA CONST. art. 323A.
- INDIA CONST. art. 323B.
- The Constitution (Forty-second Amendment) Act, 1976, s. 46 (inserting Part XIV-A).
- The Administrative Tribunals Act, 1985 (Act No. 13 of 1985).
- Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225.
- S.P. Sampath Kumar v. Union of India, (1987) 1 SCC 124.
- L. Chandra Kumar v. Union of India, (1997) 3 SCC 261.
- R.K. Jain v. Union of India, (1993) 4 SCC 119.
- Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549.
- Indira Nehru Gandhi v. Raj Narain, 1975 Supp SCC 1.
- Union of India v. R. Gandhi, President, Madras Bar Association, (2010) 11 SCC 1.
- Madras Bar Association v. Union of India, (2014) 10 SCC 1.
- Madras Bar Association v. Union of India, (2015) 8 SCC 583.
- Rojer Mathew v. South Indian Bank Ltd., (2020) 6 SCC 1.
- Madras Bar Association v. Union of India, 2020 SCC OnLine SC 962.
- Madras Bar Association v. Union of India, (2021) 7 SCC 369.
- Madras Bar Association v. Union of India, (2022) 12 SCC 455.
- Madras Bar Association v. Union of India, 2025 INSC 1330 (decided 19 November 2025).
- Minerva Mills Ltd. v. Union of India, (1980) 3 SCC 625.
- Swiss Ribbons Pvt. Ltd. v. Union of India, (2019) 4 SCC 17.
- The Finance Act, 2017 (Act No. 7 of 2017), Part XIV.
- The Tribunals Reforms Act, 2021 (Act No. 33 of 2021).
- Law Commission of India, Assessment of Statutory Frameworks of Tribunals in India, Report No. 272 (2017).
- Malimath Committee, Report of the Arrears Committee (Government of India, 1989-90), as discussed in subsequent Supreme Court judgments including L. Chandra Kumar v. Union of India, (1997) 3 SCC 261.
- Granville Austin, Working a Democratic Constitution: The Indian Experience (Oxford University Press, 1999).
- M.P. Jain, Indian Constitutional Law (8th edn, LexisNexis 2018).
- Alok Prasanna Kumar, 'Tribunalisation of Justice in India: A Legal and Empirical Analysis' (Vidhi Centre for Legal Policy, 2019).