Skip to main content
Governance 

Dispute Resolution Mechanisms in India

Last updated on January 30th, 2025 Posted on January 30, 2025 by  110
dispute resolution mechanisms in india

Dispute Resolution Mechanisms in India encompass a range of judicial and non-judicial processes, including courts, tribunals, and alternative methods, to address and resolve conflicts effectively. These mechanisms play a vital role in ensuring timely justice, reducing pendency, and fostering trust in the legal system. This article aims to study in detail the various dispute resolution mechanisms in India, with a focus on their structure, functioning, and significance.

About Dispute Resolution Mechanisms in India

  • The Indian judicial system, while robust, often struggles with a significant backlog of cases, leading to delayed justice.
  • To address this, several alternate dispute resolution mechanisms, including tribunals, have been established for the speedy resolution of specific disputes.

Tribunals: Quasi-Judicial Bodies

  • Tribunals are quasi-judicial bodies set up by an act of Parliament or State Legislature to adjudicate disputes in specific domains, such as administrative, tax, or labour matters.
  • Unlike traditional courts, tribunals are designed to simplify procedures and expedite decisions, combining judicial and administrative expertise.

Origin of Administrative Tribunals

  • The 42nd Amendment to the Indian Constitution introduced Part XIV-A, which comprises Articles 323A and 323B, enabling the establishment of tribunals.
  • Article 323A specifically provides for tribunals dealing with administrative matters, while Article 323B allows for tribunals to address other issues.
  • These amendments aimed to relieve the burden on High Courts and streamline dispute resolution processes.

Key Objectives of Administrative Tribunals

  • Relieving Judicial Congestion: By diverting specific cases from regular courts, tribunals help reduce the judiciary’s workload.
  • Speedy Justice: They provide faster resolutions for disputes, especially in service matters and specialised fields.

Difference Between Courts and Tribunals

AspectCourtsAdministrative Tribunals
SystemPart of the traditional judicial systemCreated by statutes with judicial powers
JurisdictionGeneral jurisdiction over all mattersLimited to specific issues, e.g., service or tax matters
ProcedureBound by the Civil Procedure Code and Evidence ActFlexible procedures, not strictly bound by CPC or Evidence Act
Presiding OfficersPresided over by trained legal professionalsMay include non-legal experts
Decision BasisObjective, based on evidence and precedentsSubjective, can consider policy and expediency
Precedents and Res JudicataBound by precedents and res judicataNot always bound by these, but must follow natural justice
Legislative ReviewCan decide the validity of legislationCannot review the validity of legislation

Pendency in Tribunals

Despite their objectives, tribunals in India face challenges, including significant pendency. The high backlog undermines their primary purpose of providing swift justice.

TribunalAs ofNumber of Pending Cases
Central Administrative TribunalSeptember 20231,27,570
Industrial Tribunals-cum-Labour CourtsMarch 20217,312
Debt Recovery TribunalFebruary 20221,61,000
Income Tax Appellate TribunalJanuary 201891,643

Challenges Contributing to Pendency in Tribunals

  • Vacant Positions: Delay in appointing members results in slower case disposal.
  • Lack of Uniformity: Disparities in service conditions, qualifications, and remuneration lead to inefficiencies.
  • Inadequate Infrastructure: Limited resources hamper effective functioning.

Recommendations to Improve Tribunal Framework

  • Appointments: Establish a selection committee through a National Tribunals Commission (NTC).
    • Use open advertisements and All-India Entrance Exams for tribunal appointments.
  • Qualifications: Ensure uniform qualifications for chairpersons across tribunals.
    • Require technical members to have at least 15 years of domain expertise.
    • Exclude retired officials and bureaucrats from judicial member positions.
  • Tenure and Reappointment: Members should serve for 5–7 years or until the retirement age of 62–65 years, with no reappointments.
  • Vacancies: Fill vacancies six months before they arise to maintain continuity.
  • Salaries and Allowances: Standardize remuneration across all tribunals.
  • Removal of Members: Implement a time-bound inquiry process overseen by a senior judge for uniformity.

Suggestions from Reports and Committees

  • National Tribunals Commission (NTC): Establish the NTC as an independent statutory body for overseeing tribunal administration.
    • Merge the existing 37 central tribunals into nine subject-specific divisions.
  • Appeal Process: Prohibit direct appeals to the Supreme Court.
    • Allow appeals to High Courts only in cases involving substantial legal questions.
  • Uniform Service Conditions: Ensure coherence and equity in service terms across tribunals.
  • Governance of NTC: Operate through a Board comprising Supreme Court and High Court judges, central government nominees, and senior advocates.
    • Appoint a Chief Executive Officer to oversee daily operations.

Conclusion

Administrative tribunals play a pivotal role in reducing the judiciary’s burden and ensuring swift justice in specialized fields. However, systemic issues, such as pendency and structural inefficiencies, need to be addressed urgently. Adopting the recommended reforms, including the establishment of the NTC, can significantly enhance the efficacy and credibility of tribunals in India. By resolving these challenges, tribunals can fulfill their intended purpose and strengthen the dispute resolution framework in the country.

Frequently Asked Questions (FAQs)

What are the mechanisms of dispute resolution in India?

In India, dispute resolution mechanisms include court-based systems (civil and criminal courts), Alternative Dispute Resolution (ADR) like arbitration and mediation, Lok Adalats for quick settlements, and specialized tribunals for specific issues. These methods aim to provide efficient, fair, and accessible resolutions.

GS - 2
  • Other Posts

Index