Tribunalisation And The Tribunals Reforms Act, 2021: Balancing Efficiency With Judicial Independence
- IJLLR Journal
- Nov 6, 2025
- 1 min read
Ishika Sinha, B.A.LL.B. (Hons.), School of Law, M S Ramaiah University of Applied Sciences
ABSTRACT
The development of tribunalisation in India marks a conscious transition from traditional courts to specialist quasi-judicial forums meant to provide velocity, expertise, and accessibility of adjudication. Formalised through the 42nd Constitutional Amendment, 1976, by including Articles 323A and 323B, tribunalisation was the answer to judicial backlog and technical, complicated disputes. Over time, this expansion raised the constitutional dilemma of whether efficiency in justice delivery should ever compromise judicial independence.
The Tribunals Reforms Act, 2021, is the most recent legislative effort towards merging and simplifying the tribunal system. To rationalise adjudication, the Act dissolves eight tribunals, transfers their jurisdiction to competent courts, and establishes uniform appointment and service conditions.1. However, provisions such as four-year tenure, executive- dominated selection committees, and the abolition of specialised forums have been criticised for promoting executive dominance, weakening subject matter expertise, and risking renewed case backlogs in higher courts. These have attracted repeated constitutional challenges, with the Supreme Court in Madras Bar Association v. Union of India (2021) and demanding judicial priority in appointments, assured tenure, and the retention of judicial review in L. Chandra Kumar v. Union of India (1997).
This research essay critiques tribunalisation and the Tribunals Reforms Act, 2021, and its aims and effects on efficiency, access to justice, and judicial independence in India. It looks at the evolution of tribunals from colonial times to now, assesses the 2021 reforms, and identifies structural flaws, suggesting constitutional reforms.
Keywords: Tribunalisation, Tribunals Reforms Act 2021, Judicial Independence, Administrative Law, Tribunal Efficiency, Judicial Review
