Orders of constitutional courts would prevail over statutory tribunals: SC

Context

Clarifying the legal position over conflict in orders of the National Green Tribunal (NGT) and those of high courts, the Supreme Court said the latter shall prevail.

What are Tribunals?

• ??Tribunals are judicial or quasi-judicial institutions established by law. 
• They intend to provide a platform for faster adjudication as compared to traditional courts, as well as expertise on certain subject matters.
• In 1976, Articles 323A and 323B were inserted in the Constitution of India through the 42nd Amendment.  
• Article 323A empowered Parliament to constitute administrative Tribunals (both at central and state level) for adjudication of matters related to recruitment and conditions of service of public servants.  
• Article 323B specified certain subjects (such as taxation and land reforms) for which Parliament or state legislatures may constitute tribunals by enacting a law.  
• In 2010, the Supreme Court clarified that the subject matters under Article 323B are not exclusive, and legislatures are empowered to create tribunals on any subject matters under their purview as specified in the Seventh Schedule of the Constitution.
• Currently, tribunals have been created both as substitutes to High Courts and as subordinate to High Courts. 
• In the former case, appeals from the decisions of Tribunals (such as the Securities Appellate Tribunal) lie directly with the Supreme Court.  
• In the latter case (such as the Appellate Board under the Copyright Act, 1957), appeals are heard by the corresponding High Court.

How are tribunals different from Court?

• Power source: A court of law is a part of the traditional judicial system and it derives its power from the state. 
• an administrative tribunal is an agency created by a statute and invested with judicial Powers.
• Type of cases: Ordinary civil courts have judicial powers to try all suits of a civil nature, except those whose cognizance are either expressed or implied Barred. 
• Administrative tribunals only have the power to try cases which are specially conferred upon them through some statute.
• Power: Judges of ordinary courts of law are independent from the executive power of the government. 
• Members of administrative tribunals are entirely in the hands of the government in respect of certain matters.
• Presiding Officer: The presiding officer of a court of law is a trained legal officer.
• Whereas the president or the members of the tribunal may not be trained as well in law.
• Principle: While a court of law is bound by precedents, principle of res judicata and estoppels. An administrative tribunal is not strictly bound by them.