Differences between courts, tribunals, and special courts Introduction: India is the country with the second highest population in the whole world, the Indian legal system is keen on providing justice to every citizen. But to provide justice to such a large population results in the requirement of multiple courts, also the Indian laws are very complex, and each court plays a different role and function. India has a unified judicial system, which is as follows; first comes Supreme Court, after that is the High court, then District/Session Court, and at last, there is Subordinate Court, this the different category of courts in the Indian Judicial System. The Indian Judiciary system consists of a total of 12,000 courts, but still, this number of courts is not sufficient to solve problems and provide justice to the 138 crores of citizens, and this is proved by the number of pending cases in the courts. There are almost 4.5 crores cases pending in Indian courts which proves that the Indian Judiciary system is clearly overburdened. Along with this, the judicial process is very slow and time-consuming. So, to solve this problem there is a need for an Alternative Judicial mechanism which results in the judicial body such as Tribunals and Special Courts.
The best online law certification courses provide knowledge about different courts with different jurisdictions in the Indian Judicial system.
Definition of Court: Courts are the basis of the third branch of the government which is the Judiciary. The Indian Judiciary is a system of courts that interprets and applies the law in the country and among the citizens. The courts in the Indian Judiciary system can be described as judicial bodies set up by the government to adjudicate disputes between competing parties through a formal legal process. A court is a government institution where the decision on legal matters is taken by the judge or magistrate. They deal
with a variety of cases, and courts of law are bound by all the rules of procedure and evidence. They provide jurisdiction on the basis of the Indian Penal Code. Types of Court: The Indian Judiciary system is divided into three tiers, or one can say three different levels of courts, which holds different responsibilities according to their positions. Each of them functions differently and handles different cases and the top court i.e, the Supreme Court of India, is at central levels and considered as Apex court. The below mentioned are the different types of courses. Supreme Court: Supreme Court of India, also known as the Apex Court is the court of record. All the courts in India are bounded by the rules and laws made by the supreme court. The supreme court of India is the protector and guarantor of the Fundamental Rights of the citizen of India, a citizen who has their fundamental rights violet can directly file a petition in the Supreme court. It entertains the pleas with respect to cases, whether civil or criminal in nature, from the High court or sometimes in certain cases tribunals. The decisions made by the Supreme Court are binding to all courts, and the Supreme Court have the right to transfer any cases from any court to itself. High Court: Chief Judiciary at the state level is known as High Court. The High Courts of India manage cases such as; Civil cases, Criminal cases, along with general and special jurisdiction, they can deal with the cases that fall under the jurisdiction of their states. The High Courts have administrative power over the subordinate courts and tribunals. Even High Courts can issue writs for restoring the fundamental rights of a citizen. District Courts: The District courts deal with the issues and cases which arise in the district, they consider the judgement of their lower courts (Subordinate courts) before passing a judgement. The District courts also deal with
criminal cases which are very serious and require special attention. The court below the district court is a subordinate court. There are a number of civil, criminal and family courts, that functions in their jurisdiction. The Subordinate Courts have the same functions all around the country with slight variations with respect to the State. Definition of Tribunals: In order to decrease the pressure of the increasing number of pending cases on the existing courts and also provide justice to the people sooner, the need for an Alternative Judicial Mechanism arises. In order to cater for this need, the establishment of the Tribunals took place. Tribunals are quasi-judicial institution that is set up with the aim to deal with the problems such as labour disputes, tax, land reforms, elections etc. The tribunals perform various functions such as adjudicating disputes, determining rights between contesting parties, making administrative decisions, and so on. The judges in the Tribunals are one judicial member and others are the experts in the field of Tribunals. Types of Tribunals: The literal meaning of Tribunal is any person or institution having the authority to judge, adjudicate, or determine claims or disputes. In India, tribunals are introduced to provide an alternate judicial method for special cases. There are different types of tribunals in India, they are as follows; Central Administrative Tribunal: The Central Administrative Tribunal is also known as CAT, this tribunal is set up to settle the matters related to recruitment and service requirements for selected personnel in public services, as well as for the positions with regards to union affairs and other authorities. Income Tax Appellate Tribunal: The Income Tax Appellate Tribunal (ITAT) specialises in dealing with cases and appeals under the Direct Tax Act. The judgement and orders passed by the tribunals in this matter are final and binding, and can only be appealed in the High court if there are any questions that arise for the determination of law.
Industrial Tribunal: Industrial Tribunal courts also known as Labor courts, are judiciary body which is established to adjudicate industrial disputes concerning any matters. These tribunals are responsible for judging individual disputes related to work contracts between employers and employees or apprentices. Definition of Special Courts: Special courts are the type of courts which deals with special types of cases under abbreviated and simplified procedure. The concept of special courts is not new to the Indian judiciary system, there were special courts established in India even before the Independence of India. Special courts are being arranged for different preliminaries for offences relating to transactions in securities, expending narcotics drugs, corruption etc. The special courts only hear cases in a very narrow jurisdiction and the judges serve for specific terms. Conclusion: Every citizen of India must know about the different types of courts of Indian. Especially, the law aspirants must know about the different courts of Indian jurisdiction, there are a number of online law certification courses that teach about such topics to help law students understand the difference between them as well as their functions, roles and responsibilities. All these courts are established by the government. All the courts deal with different cases, still, the number of pending cases is increasing in India day by day. In order to increase the pace of the legal procedure and also provide justice to the citizen of the country as soon as possible Indin legal system needs to establish more courts and recruit more Judges, and law students and learners should also be more attentive towards the job profile of judges in different courts.
Differences between courts, tribunals, and special courts
Differences between courts, tribunals, and special courts Introduction: India is the country with the second highest population in the whole world, th...