Concept of Tribunals

                                              

Question 04:  Concept of Tribunals

Introduction:

Tribunal is an institution with the authority to adjudicate or determine disputes. The word Tribunal originally derived from Tribunes means magistrates of the Classical Roman Republic. It is not possible to define the word tribunal precisely and scientifically because the word tribunal has not been defined in the Constitution of Bangladesh or in relevant laws but only use the word Tribunal to means the Tribunal established under the law.

Definition of Tribunal:

•   In ordinary sense: Tribunal means a body with judicial or quasi-judicial functions set up by the statutes, and existing outside the usual judicial hierarchy of the Supreme Court.

•   According to Dictionary of Law, Curzon, 1994: Tribunals have been defined as Bodies outside the hierarchy of the courts with administrative or judicial functions.

•   In my point of view: Tribunal means a court of justice or seat of a judge upon where a judge or judges may adjudicate some matters purely administrative or judicial functions.

 

Examples of TRIBUNAL:

1. The Labour Appellate Tribunal.
2. The Income Tax Appellate Tribunal.

Kinds or classification of Tribunals: Tribunals are largely classified into two categories i.e. domestic tribunal and statutory tribunal. This classification is based on the nature of the subject matter they adjudicate.

• Domestic Tribunals.
• Statutory Tribunal.

Domestic Tribunals:

Domestic tribunal is a private body, not-statutory body set up by the agreement either express or implied between the parties and designed as tribunal is really not a tribunal. It exercises jurisdiction over the internal affairs and its decisions are subject to judicial control under the doctrine of ultra vires. For examples- Tribunals of Bangladesh Bar Council, Bangladesh Medical Association etc.

1. The domestic tribunal deals with the private matters rather than public matters.
2. The domestic tribunal does not follow procedures of the trial.
3. It deals with the internal affairs of a particular profession or association.
4. No court fee is required in domestic tribunal.

Statutory Tribunal:

Statutory tribunal is a statutory body. When any tribunals are created by the provisions of statutes or under the authority of a statute they should strictly be called statutory tribunal. The jurisdictions of the statutory tribunals are rest upon the statutes. For examples- Bangladesh Labour Appellate Tribunal.

1. Statutory tribunals adjudicate matters of public concern.
2. It deals with the disputes between a govt. employee and the govt. in service matter.

Advantages of Tribunals:

Tribunals are functioning beside the ordinary Courts of law. Tribunals have certain characteristics which often given advantages over the courts. Some of the advantages of the tribunals are discussed below:

1. Speedy: The tribunals are much quicker than that of the Courts in hearing and deciding a case. A related advantage of the tribunal system is that it will be heard a case on a specified date and it will decide a case within a specific period of time. For example: The Labour Appellate Tribunal shall settle dispute within sixty days.

2. Cost: Tribunals are much cheaper way of deciding cases than taking recourse to the regular procedure of the court. The expenditure is comparatively less because-

• No specialized Court building is required for hearing the cases.
• No Court fee or lawyer fee are to be given in the proceedings.

3. Informality: Tribunals conform to an informal procedure. The strict rules relating to the evidence pleading and procedure, which apply in the Courts, are not binding in the tribunal’s proceedings. Tribunals observe principles of natural justice and fair play.

4. Flexibility: The tribunals are not bound to follow the strict rules of precedent. So, in every case a Tribunal has the chance to correct its previous decision or if the previous decision was correct the tribunal can take the view. But it is customary practice that as the tribunals are inferior to the Courts they follow the precedent of the Courts.

5. Expertise: In the ordinary Court, the judges may not be well acquainted with the cases or a judge may not feel comfortable to hear particular categories of cases because he does not have sufficient knowledge on that issue. Tribunals are free from such problem because the judges of the tribunals are well versed with the issue for which the tribunals were set up. For example: The Income Tax Ordinance, 1984 provides a person shall not be appointed as a member of the Income Taxes Appellate Tribunal unless-

•  He was a member of the National Board of Revenue or Commissioner of Taxes.
•  He is a Commissioner of Taxes or an income tax practitioner not less than 12 years.
•   He is an advocate and practiced professionally not less than 10 years in any income tax office.

6. Accessibility: The aim of the tribunals is to provide individuals with a readily accessible forum in which they can refer their grievances. In tribunal system, all persons concerned know the forum and thus the tribunals are easily accessible.

7. Privacy: People of our society do not want to share their private issues relating to Court matter. Most of the proceedings of the Court are held in open Court. In a tribunal, the proceedings can be taken without publicity.

Can a Tribunal be Supplementary to or Substitute of a Court?

Tribunal is an alternative mechanism in the administration of justice. Article 109 of our Constitution says that the HCD shall have superintendence and control over the tribunals subordinate to it. But there is no command in our Constitution that the Tribunal or the Appellate Tribunal is substitute or co-equal to the High Court Division.

Tribunal cannot be substitute of a Court:

A tribunal cannot be substitute of a Court for a good number of reasons. In the Court of law there are openness, fairness and impartiality. But in the tribunals these things are absent. But the Administrative tribunals which were set up to deal with service matters of the Government employee can be a substitute of Court. The Administrative Tribunals are not like the High Court Division or the Subordinate Court over which the High Court Division exercises both judicial review and superintendence.

Tribunals are not supplementary to the Courts:

Tribunals are not supplementary to the civil Courts but it is partly substitute of the civil Courts. According to section 9 of the CPC the tribunals do not come under the umbrella of the civil Courts but the tribunal’s mala fide decisions are not immune to the challenges in the civil Courts. If the tribunal-

• Violates its own law. 
• Violated the F. Rights of the parties. 
• Do anything which is ultra vires.

There is no command in the Constitution that the Tribunal or the Appellate Tribunal is substitute or co-equal to the High Court Division. It is left to the legislature, after establishing the Tribunals, to make necessary provisions in this regard for the carrying out of the functions of the tribunals.

Difference between a court and a tribunal

Some differences between a Courts and a Tribunal are:

 1. Tribunals are set up to be less formal, less expensive, and a faster way to resolve disputes than by using the traditional court system.

2. Tribunals may not allow people to be represented by a lawyer, may not allow cross-examination of witnesses where as the court always allows this.

3. Tribunals often specialise in resolving disputes in a particular area where as the courts generally have the power to hear a much broader range of cases.

4. The nature of tribunal is ad hoc, and the court is a permanent body.

5. The tribunal will be governed by chairmen that will have a special knowledge about the issue or level of legal training but, a judge in courts has general knowledge about many areas of law.

6. Courts follow well defined procedures detailed in their Rules, whereas tribunal procedures are more flexible.

7. The doctrine of precedents applied in particular superior courts whereas tribunals will not follow the strict rule of precedent.

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