Difference between Court and Tribunal

253 votes

The judiciary under the Indian constitutional framework consists of a well-defined system of judicial bodies functioning in a hierarchal system to enforce the law and ensure justice to all. The Indian judiciary consists of both courts and tribunals which regulate the law of the land. Both these bodies are put in place to maintain law and order and rule of law across the territory of our nation. Where the supreme court represents the final court of appeal, it also presides over the numerous high courts in our country. Cumulatively, the supreme court and the high courts, constitute the higher judiciary and the subordinate courts below them comprise of the various district courts and tribunals. It is important to understand the distinction between courts and tribunals to decipher how we can enforce and better protect our rights through the judiciary.
 

Courts

A court is a judicial body established by the constitution which administers justice and adjudicates disputes between rival parties as per the mandate of law. Courts help establish the rule of law and adjudicate upon disputes of all kinds such as civil, criminal or even administrative etc. Our judiciary comprises of the following courts:

• Supreme court

• High courts

• District courts  
   

Tribunals

Tribunals are quasi-judicial bodies that are established to adjudicate matters under a special law. Tribunals performs adjudicatory functions and administer justice with respect to a specific category of cases such as various administrative or tax related disputes. Tribunals are created by way of statutes which define their composition, procedure and powers.

Our judiciary comprises of numerous tribunals such as:

• Central administrative tribunal

• Income tac appellate tribunal

• Industrial tribunal

• Company law tribunals

 

Difference Between Courts and Tribunals

The following characteristics illuminate the stark difference between courts and tribunals in our legal system:

1. Courts refer to judicial bodies which are established by the very constitution of our nation and perform the judicial function of administering justice within the contours of the prevailing law. Tribunals on the other hand is a quasi-judicial body elected by an authority to adjudicate upon disputes of a specific category.

2. The decision arrived at by a court presiding over a dispute is known as a judgment or decree, whereas the decision given by a tribunal is known as an award.

3. A court enjoys the power to adjudicate upon all kinds of disputes and its jurisdiction is not limited to a singular category of cases. Tribunals on the other hand are constituted to adjudicate over only a specific category of cases. Therefore, the jurisdiction of a court is much wider than that of a tribunal.

4. A court is the creation of the constitution and is part of the constitutional framework of the nation. Tribunals on the other hand are created and established by way of special legislation which define their powers, functions and composition.

5. The courts system represents the higher judiciary in the form of the high courts and the supreme court. Therefore, tribunals are subordinate to these courts and the final avenue of appeal remains the supreme court even for tribunals.

6. The presiding officer in a court i.e., the judge is a professional trained in law. This may not be the case with the presiding officer of a tribunal, since such person may instead be an expert in the field of administrative matters dealt with by such tribunal.

7.The judge in a court has to be impartial in all cases and cannot have any interest or stake whether directly or indirectly in the matter before it. A tribunal on the other hand may be a party to the dispute to be decided by it.

8. Courts are bound by the statutory rules of procedure and evidence while adjudicating disputes. Tribunals on the other hand are essentially bound by the principles of natural justice.

9. A court has the power to adjudicate and decide the vires of a statute, whereas a tribunal lacks such power.   

LawRato LawRato

832 votes

Ethics means the science of a standard human conduct. The law consists of a set of rules and regulations, whereas Ethics comprises of guidelines and principles that inform people about how to live or how to behave in a particular situation. ... The law creates a legal binding, but ethics has no such binding on the people.

Advocate Anupam Kumar Mishra LawRato

275 votes

The government has the power to establish courts. Tribunals are special bodies with specific judicial power, established by law. The rulings of a court can be in the form of judgements, decrees or convictions. Tribunals are primarily responsible for issuing awards.

Advocate Chikirsha Mohanty LawRato