India’s Interlude with Tribunalisation of Justice: Efficacy Conundrum & Strategic Reforms

Abstract

The article examines the expanding role of India's democratic welfare state and the key factors contributing to the significant increase in administrative discretion and authority, which has led to the proliferation of tribunals across various social and economic domains. Focusing primarily on dispute resolution and justice delivery through these tribunals, the article explores the rationale and necessity of institutionalizing tribunals as a parallel mechanism alongside the existing traditional judicial system. It seeks to understand the foundational principles behind the functional characterization of tribunals, analyzing this within the broader context of judicial perspectives and constitutional evaluation. The article emphasizes four key areas: first, it discusses the institutional, functional, and structural framework of tribunals as specialized adjudicatory bodies endowed with judicial powers, reflecting on their founding intents. Second, it outlines the legal and constitutional ecosystem supporting quasi-judicial bodies in India, assessing the validity of these tribunals. Third, it addresses the efficacy dichotomy in relation to governance functions. Finally, the article calls for a coherent review process aimed at integrating and synthesizing the role of tribunals in advancing administrative justice through strategic reforms.