Why in News?
Law Commission of India (LCI), in its 272nd report, has laid out a detailed procedure for improving the working of the tribunal system in the country.
Tribunals in India
On recommendation of Swaran Singh Committee, the 42nd Amendment Act of 1976
provided for the insertion of Articles 323-A and 323-B in the Constitution.
o Article 323A deals with administrative tribunals.
o Article 323B deals with tribunals for other matters.
The Administrative Tribunals Act, 1985- An Act to provide for the adjudication by Administrative Tribunals of disputes with respect to recruitment and conditions of service of persons appointed to public services.
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Problems with Tribunals in India
Tribunals have largely replaced high courts for disputes under the various Acts. An aggrieved, by an order of an appellate tribunal, can directly appeal to the SC, side-stepping the HC. This has raised certain institutional concerns.
Though the disposal rate of the Tribunals in comparison to the filing of cases per year had been remarkable i.e., at the rate of 94%, the pendency remains high.
Tribunals many a times have proved inefficient in delivering quick justice which was one of the reasons for their establishment.
Increasing number of tribunals has affected the whole structure of separation of power because it is seen as an encroachment of judicial branch by the government. Recommendations by Law Commission
Qualification of judges - In case of transfer of jurisdiction of HC (or District Court) to a Tribunal, the members of the newly constituted Tribunal should possess the qualifications akin to the judges of the HC (or District Court).
Appointment of Chairman & members of Tribunalso It has proposed a common nodal agency, possibly under law ministry to monitor the working of tribunals as well as ensure uniformity in the
appointment, tenure and service conditions of all members appointed in the tribunals.
o Vacancy arising in the Tribunal should be filled up quickly by initiating the procedure well in time,
preferably within six months prior to the occurrence of vacancy.
Selection of the members of Tribunalso The Commission stated that the members’
selection should be impartial with minimal involvement of government agencies as the government is a party in litigation.
o Separate Selection Committee, for both judicial and administrative members, must be formed.
Tenure - The Chairman should hold office for 3 years or till he attains the age of 70years, whichever is earlier. Whereas Vice-Chairman and Members should hold the office for 3 years or till they attain the age of 67 years whichever is earlier.
Any order from a tribunal may be challenged before the Division Bench of the HC having territorial jurisdiction over the Tribunal or its Appellate Forum since judicial review is the basic feature of Indian constitution. The Tribunals must have benches in different parts of the country so that people may have easy Access to Justice, ideally where the High Courts are situated.
What are Tribunals? ‘Tribunal’ is an administrative body established for the purpose of discharging quasi-judicial duties. An Administrative Tribunal is neither a Court nor an executive body rather a midway between the two. Tribunals function as an effective mechanism to ameliorate the burden of the judiciary. The Tribunal has to observe the principles of natural justice or act in accordance with the statutory
provisions under which the Tribunal is established.
Problems arising out of sidestepping the HC The tribunals do not enjoy the same constitutional protection as high courts as the appointment process and service conditions of high court judges are not under the control of the executive. Many tribunals still owe allegiance to their parent ministries. Due to scant geographic availability across the country, tribunals are also not as accessible as high courts. This makes justice expensive and difficult to access. When retired high court judges invariably preside over every tribunal, the justification ofexpert adjudication by tribunals disappears. Conferring a direct right of appeal to the SC from tribunals has changed the Supreme Court
from a constitutional court to a mere appellate court and has also resulted in a backlog of thousands of cases in SC which affects the quality of the court’s jurisprudence. SC judges hearing appeals from tribunals would have to deal with the finer nuances of disputes
under specialised areas of law for the very first time. This is not ideal for a court of last resort.
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