Tribunals vs courts

@Why can't judiciary be given powers to establish tribunals on its own for tax related matters just like it has benches for some important matters to resolve the conflict between judiciary and executive?

Why courts can't appoint tribunals?
what is a tribunal?its nothing but a set of people, who sit as judges and decide on a dispute that is brought before them!
Who are the people? In a tribunal, you will have typically 3 people
1. A judicial officer, means a judge.
2. An expert from the same field as that of the cases referred.
3. An administrator who knows the intricacies of the dept.
Thus, we find that, while the judge can be appointed by the SC or HC, the other members are not from judiciary!! They are outside judiciary and hence the SC or HC have no expertise to appoint them!!!
@Why is the expert person required? because, it makes sense to take help on tax issues from a tax man! Isnt? At the same time, to ensure neutrality, the Judge is also sitting there! So best of both worlds!!
@Now, if all the 3 members are to be judges, then can SC appoint them?!
The answer is: yes! They do! Thats how they have green benches!! But generally, the members are expected to have in depth field knowledge, and hence from that field.
Also, establishment of a court/tribunal involves regular expenditure. Thus, it needs to be passed in the parliament!
Thus, tribunals are established by the Govt and not by courts!


@can court use suo motto in Establishing such tribunals.

No courts cannot.

@whether appeal is applicable in tribunals result?
All the order of the tribunals are appealable before the HC and SC! Its the inherent power in the constitution! Tribunals are not except from that!

@Constitution of special benches for hearing cases against MPs would be in the power of the court?
special courts are formed under Special courts Act. It lays down when the govt can form special courts.


@Is judgements of NGT are appealable?
yes, orders on all tribunals are appealable!
Constitution clearly says that all orders from anybody is appealable before the SC.
From any court or tribunal!


@Whether special courts constituted for such purpose their orders are final and binding
No only is its a 'special bench' of the SC and not a special court!
Special bench of the SC is different from Special courts!!


@Whether the power of appeal undermines the power of judiciary?

Seen from one angle; every power to appeal undermines the power of the court that made the original order! But, that not how its seen! Its seen as right of the parties to question the order before the highest authority of judiciary!
So, the power to appeal cannot be construed as 'weakening' the power!!

@Whether Award of Lok Adalat is final and binding?

Yes, its true! But, an award by the lok adalat is made ONLY when both parties agree!!

So, it makes sense that once you agree, you can't go back on your words and appeal!!!
Lok Adalat can make an AWARD, only on a COMPROMISE!!! Not otherwise!!

Indeed, cases from courts are referred to lok adalat, when both parties agree to compromise! The details of compromise are worked out by the lok adalat!! In that if they fail, the case is sent back to original court!! If agreed, AWARD is made!