Basis

Court

Tribunal

Meaning

A Court is a judicial body established under the Constitution to administer justice in civil, criminal, constitutional matters.

A tribunal is a quasi-judicial body created by statute to deal with specific types of disputes (like tax, administrative, service matters).

Scope of Power

Established under the Constitution of India (e.g., Supreme Court, High Court).

Created by Acts of Parliament or State Legislature.

Nature

Purely Judicial Body.

Quasi-Judicial Body (Combines Administrative & Judicial functions).

Union of India v. R. Gandhi→Tribunal must have characteristics similar to court, when relating them.

Basis

Court

Tribunal

Procedure

Follows Strict Procedure like:

→ CPC

→ BNSS

→ BSA

Not Strictly bound by CPC or Sakshya Adhiniyam, follows principles of Natural Justice.

State of Mysore vs Shivabasappa → Tribunals are not bound by technical rules of evidence.

Basis

Court

Tribunal

Judges/Members

Judges are legally trained and qualified (Judicial officers)

Members may include Judicial members, Technical Experts, Administrative Experts.

R. K. Jain v/s Union of India → Highlighted need for qualified members in tribunals.

Basis

Court

Tribunal

Scope of Jurisdiction

Has wide jurisdiction (civil, criminal, constitutional).

Has limited and specific jurisdiction (e.g., tax, service, company law).

Flexibility

Less flexible, bound by formalities.

More flexible, less formal.

Appeal

Appeals lie in Higher Courts.

Appeals may lie to appellate tribunals, or directly to High Court/Supreme Court.

Example

Supreme Court, High Court, District Court

National Green Tribunal (NGT), Income Tax Appellate Tribunal (ITAT), Central Administrative Tribunal (CAT), Securities Appellate Tribunal (SAT)

Independence

Enjoys complete Independence

Independence is comparatively weaker

Madras Bar Association v/s Union of India→Emphasized need for independence of tribunals similar to courts

Power of Judicial Review

Can exercise judicial review under Articles 32 & 226.

Cannot exercise full Judicial Review like Constitutional Courts.

Chandra Kumar v/s Union of India→ Judicial Review is part of the basic structure. Tribunals are subject to High Court review.

Binding Nature of Precedent

Bound by doctrine of Precedent (Stare Decisis)

Not strictly bound, but generally follows higher courts decisions.

East India Commercial Co. Ltd. V/s Collection of Customs→ Lower authorities (including tribunals) must follow higher Court decisions.

Objective

General Justice Delivery

Specialized Justice + Speedy disposal in technical matters.

S.P. Sampath Kumar v/s Union of India→ Tribunals are created to reduce the burden of courts.

Contempt Powers

Has inherent power to punish for Contempt.

limited or statutory contempt powers.

T. Sudhakar Prasad v/s Govt. of A.P.→ Tribunals can exercise contempt powers if provided by Statute.