Administrative Law Myth-Busting: Tribunals Not 'Courts'
admin judiciary beginner myth_bustDosto, you know how coaching institutes and notes keep telling us that Tribunals are 'courts' and therefore subject to Supreme Court's appellate jurisdiction under Article 136? Nah, let me break it to you - they're wrong. Article 11(4) clearly provides that Tribunals' decisions can't be made a 'matter of appeal' in the Supreme Court, and the only exception is Art 136 which specifically mentions 'courts'. This means Tribunals aren't 'courts' at all, and their decisions are only appealable to High Courts.
I've seen so many notes and institutes misquoting Article 11(4) - don't fall for it. The Constitution clearly differentiates between 'courts' and 'tribunals', and if you don't get this basic distinction, you're doomed from the start.
2 Comments
"Kya aapko yeh pata hai ki tribunals aur high courts mein ek bada toofan hua hai? Log tribunals ko 'courts' samjhne lage hain, jabki sach yeh hai ki ye do alag cheezein hain. Tribunals ke paas kuch special powers hain, jaise ki jo decisions unki hain, voh keval tribunals ke paas hi review ki ja sakti hain.
Bhaiyon, let's set the record straight. Tribunals are indeed 'courts' in the sense that they have quasi-judicial powers, but they're not Article 141 courts like SC or HC. In SLP Comr. Bank of Patiala v. State of Punjab, SC clarified that Tribunals' decisions are not binding on HC. Tribunal's judgments are subject to HC's review, unlike High Courts.