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Drafting, Pleadings and Appearances · Judicial and Administrative Framework

Tribunals and Quasi-Judicial Bodies: Administrative Framework

Updated 11 October 2026 · Fact-checked

A tribunal is a statutory body, outside the regular court hierarchy, that decides disputes under a specific law. A quasi-judicial body decides rights using a fair, court-like process but is not a court. To answer exam questions, identify the body, its source of power, its procedure, its appeal route and who may appear.

Understand Administrative Framework: Tribunals and Quasi-Judicial Bodies

A civil court hears almost any civil dispute under the Code of Civil Procedure, 1908. A tribunal is different. Parliament or a State legislature creates it by a statute to decide disputes under that statute only. Examples you meet in company practice are the NCLT, the NCLAT, the SAT, the CCI and consumer commissions.

A quasi-judicial body is any authority that decides questions affecting the rights of people after hearing them, but is not a regular court. It acts on facts, applies law, gives reasons and follows natural justice. Adjudicating officers under SEBI law and the Registrar or Regional Director in some company matters work this way.

The key differences are source, scope and procedure. A court has general jurisdiction. A tribunal has special jurisdiction given by its Act. Courts follow the CPC in full. Tribunals are usually not strictly bound by it. They follow the procedure in their Act and rules, and they must follow natural justice.

The CPC still matters. Section 10 stops a court from trying a suit where the same issue is directly and substantially in issue in an earlier suit between the same parties. Section 135(2) gives parties, their pleaders, recognised agents and witnesses acting on a summons exemption from arrest under civil process while going to, attending and returning from a tribunal, if the matter is pending before a tribunal with jurisdiction or one that believes in good faith it has jurisdiction. Contempt process issued by that tribunal is excluded.

For appearance, the governing Act decides who can represent a party. Company Secretaries in practice are allowed before several tribunals under the relevant statute. Always check the specific provision in the question, then draft or argue within the body's own rules and appeal route.

Key rules to remember

Court versus tribunal test
Court = general civil jurisdiction under the CPC; Tribunal = special jurisdiction under its own statute
Use this one-line contrast to open any answer on the difference between the two.
Quasi-judicial body test
Quasi-judicial = decides rights + hears both sides + gives reasoned order + not a court
If a body lacks a hearing and reasons, it is more likely administrative.
Exemption from arrest (Section 135(2), CPC)
Parties, pleaders, mukhtars, revenue-agents, recognised agents and witnesses obeying a summons are exempt from arrest under civil process while going to, attending and returning from the tribunal
Applies when the matter is pending before a tribunal with jurisdiction, or one believed in good faith to have it. Process issued by the tribunal for contempt is excluded.
Limit on the exemption (Section 135(3), CPC)
No exemption for a judgment-debtor under an order for immediate execution, or attending to show cause why he should not be committed to prison in execution of a decree
State this exception whenever you cite Section 135(2).
Stay of later suit (Section 10, CPC)
No court shall proceed with a later suit if the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, pending in a court with jurisdiction to grant the relief
The section speaks of suits and courts. Do not apply it to tribunals without reasoning.

How to solve Administrative Framework: Tribunals and Quasi-Judicial Bodies questions

Use the same sequence for any case-based question on tribunals or quasi-judicial bodies. It mirrors the provision, analysis, conclusion format.

  1. 1Identify the body in the facts and name the statute that created it.
  2. 2Classify it: court, tribunal, quasi-judicial authority or purely administrative body. Give one reason.
  3. 3State the jurisdiction the Act gives it and test whether the dispute falls within it.
  4. 4State the procedure that applies: its own Act and rules, natural justice, and how far the CPC applies.
  5. 5Apply any protection or limit in the question, such as Section 135 exemption from arrest.
  6. 6State who may appear before it under its governing Act.
  7. 7Give the appeal route, then the conclusion in one clear sentence.

Quickest way: Five-line answer frame

When to use it: When time is short and the question asks for a difference, a classification or a short note.

  1. Line 1: define the body and its source of power.
  2. Line 2: say what it decides and what it cannot decide.
  3. Line 3: say how its procedure differs from a civil court.
  4. Line 4: state appearance and appeal in one line each.
  5. Line 5: add one example, such as NCLT or SAT.

Common mistakes in Administrative Framework: Tribunals and Quasi-Judicial Bodies

  • Calling every tribunal a court and applying the full CPC.

    Students assume all adjudicating bodies follow civil court procedure.

    Fix: Say that a tribunal follows its own Act and rules and natural justice, and is not strictly bound by the CPC unless its Act says so.

  • Treating quasi-judicial and administrative functions as the same.

    Both are performed by government authorities.

    Fix: Test for a duty to hear parties, decide rights on facts and give reasons. Without these it is administrative.

  • Quoting Section 135(2) without its exceptions.

    Students remember only the exemption.

    Fix: Add that contempt process by the tribunal is excluded and that Section 135(3) denies the exemption to a judgment-debtor in the stated cases.

  • Applying Section 10 to a tribunal matter automatically.

    The words directly and substantially in issue feel general.

    Fix: Remember Section 10 speaks of previously instituted suits and courts. Explain the reasoning before applying the idea to a tribunal.

  • Omitting the appeal route.

    Students stop at the tribunal's order.

    Fix: End every answer with the appeal forum under the governing statute, or say it must be checked in that statute.

Worked examples

Example 1

Distinguish between a court and a tribunal. (Short note)

Show the solution
  1. Source: a civil court derives general jurisdiction from the CPC and other laws; a tribunal is created by a specific statute.
  2. Scope: a court hears civil disputes of nearly every kind; a tribunal decides only matters its Act assigns to it.
  3. Procedure: a civil court follows the CPC; a tribunal follows its own Act and rules and must observe natural justice.
  4. Representation: in a court, advocates appear; before a tribunal, the Act may allow other professionals, such as Company Secretaries, to appear.
  5. Examples: district court and High Court are courts; NCLT, SAT and consumer commissions are statutory bodies of the tribunal type.

Answer: A court has general jurisdiction and follows the CPC. A tribunal is a statutory body with special jurisdiction, its own procedure and a duty to follow natural justice.

Example 2

Ravi Mehta is a shareholder in a company. He is summoned as a witness before a tribunal in a matter pending there. A creditor in an unrelated money decree against Ravi plans to have him arrested under civil process while he travels to the tribunal. Advise Ravi.

Show the solution
  1. Provision: Section 135(2), CPC exempts witnesses acting in obedience to a summons from arrest under civil process while going to, attending and returning from a tribunal, if the matter is pending before a tribunal with jurisdiction or one that believes in good faith it has jurisdiction.
  2. Facts: Ravi is a witness, has a summons, and is travelling to the tribunal.
  3. Exception check: Section 135(3) removes the exemption for a judgment-debtor under an order for immediate execution, or attending to show cause why he should not be committed to prison in execution of a decree. Nothing says Ravi is attending for these reasons. The exemption also does not cover contempt process issued by the tribunal itself.
  4. Conclusion: Ravi cannot be arrested under civil process on this journey.

Answer: Ravi is exempt from arrest under civil process while going to, attending and returning from the tribunal, because he is a witness acting on a summons and no exception applies.

Exam tips

  • Open with the statute that creates the body. Examiners reward this over general definitions.
  • In difference questions, give at least four points: source, jurisdiction, procedure, representation.
  • When citing Section 135, give both sub-section (2) and the exception in sub-section (3).
  • Close case-based answers with a one-line conclusion and the appeal route.
  • Use only section numbers you are certain of. Otherwise state the rule in plain words.

Practice questions from Judicial and Administrative Framework

Administrative Framework: Tribunals and Quasi-Judicial Bodies in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Administrative Framework: Tribunals and Quasi-Judicial Bodies: frequently asked questions

What is the main difference between a court and a tribunal?

A court has general civil jurisdiction and follows the CPC. A tribunal is created by a specific statute, decides only matters under that statute and follows its own procedure with natural justice.

Are tribunals bound by the Code of Civil Procedure?

Not strictly. They follow the procedure in their own Act and rules and must observe natural justice. The Act may apply some CPC powers to them.

Give examples of quasi-judicial bodies in India.

Common examples are the NCLT, NCLAT, SAT, CCI and consumer commissions. SEBI adjudicating officers also act in a quasi-judicial way when deciding penalty matters after hearing the party.

Can witnesses be arrested while going to a tribunal?

Under Section 135(2) of the CPC, witnesses acting in obedience to a summons are exempt from arrest under civil process while going to, attending and returning from the tribunal. Contempt process issued by the tribunal is excluded.