Strengthening Tribunals in India
For Prelims: Tribunals, Supreme Court, High Court, Armed Forces Tribunal (AFT), Judge Advocate General.
For Mains: Overview of Tribunals, Tribunal Reforms Act, 2021, Challenges associated with Tribunals.
Why in News?
The Supreme Court (SC) is reviewing critical issues affecting tribunals, including assessing the constitutional validity of the Tribunal Reforms Act, 2021. The court emphasized the need to strengthen tribunals for efficient adjudication and to maintain public trust in the judicial process.
What is the Tribunals Reforms Act, 2021?
- Objective: The Act was introduced to streamline tribunal operations by dissolving certain appellate tribunals and transferring their functions to existing judicial bodies like the High Courts.
- Context: The Act was introduced following the Supreme Court's decision in Madras Bar Association vs. Union of India (2021), which struck down parts of the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021.
Key Provisions:
- Abolition of Tribunals: The Act dissolves various appellate tribunals, transferring their responsibilities to High Courts and other judicial entities.
- Search-cum-Selection Committee: This committee has been set up to recommend the appointment of tribunal chairpersons and members.
- For Central Tribunals:
- Chairperson: Chief Justice of India (CJI) or a Supreme Court judge nominated by the CJI.
- Two Secretaries appointed by the Central Government.
- Sitting or outgoing Chairperson of the tribunal, or a retired Supreme Court judge/retired High Court Chief Justice.
- Non-voting member: Secretary of the relevant Union Ministry.
- For State Administrative Tribunals:
- Chairperson: Chief Justice of the respective High Court.
- Chief Secretary of the State Government.
- Chairman of the State Public Service Commission.
- Sitting or outgoing Chairperson of the Tribunal or a retired High Court Judge.
- Tenure and Age Limits: Chairpersons and members serve for a tenure of 4 years. The minimum age is 50 years, and the maximum is 67 years for members and 70 years for chairpersons.
- Removal of Tribunal Members: The Central Government, on the recommendation of the Search-cum-Selection Committee, can remove a Chairperson or member.
What are Tribunals?
- Definition: A tribunal is a quasi-judicial body that resolves disputes related to administration, taxation, environment, securities, etc.
- Functions: Tribunals adjudicate disputes, determine rights, make administrative decisions, and review administrative rulings.
- Constitutional Provisions: Tribunals were incorporated into the Indian Constitution through the 42nd Amendment Act, 1976.
- Article 323-A deals with Administrative Tribunals for public service matters.
- Article 323-B provides for tribunals in areas such as taxation, foreign exchange, labor disputes, elections, and food security.
Challenges Associated with Tribunals:
- Staff Shortages: The absence of presiding officers, judicial, and technical members has increased case pendency and reduced tribunal effectiveness, particularly in Insolvency and Bankruptcy Code (IBC) cases.
- Infrastructure Deficiencies: Many tribunals, including the National Green Tribunal (NGT), suffer from inadequate facilities like courtrooms, digital case management, and technical support, affecting their efficiency. Limited reach in urban areas also hinders access to justice, particularly for marginalized communities.
- Procedural Inefficiencies: Frequent adjournments, missed deadlines, and weak enforcement reduce tribunal efficiency, causing litigants to escalate cases to higher courts. For example, 67% of insolvency cases at the NCLT and NCLAT exceed the 330-day deadline under IBC.
- Political and Administrative Indifference: Limited commitment from the government, budget constraints, and cost-cutting measures have hindered tribunal effectiveness.
Way Forward:
- Accelerated Appointments: Prompt appointments of judicial and technical members are crucial for tribunal efficiency. Structured training programs should be introduced to enhance expertise and decision-making.
- Investment in Technology: Enhancing tribunal efficiency through electronic case management, digitization, and e-court integration will streamline case tracking, reduce delays, and improve accessibility.
- Procedural and Administrative Reforms: Tribunals must limit adjournments, impose penalties for delays, and encourage pre-litigation mediation to address case backlogs. Strengthening the registry and administrative staff will help in better scheduling and case management.
- Autonomy and Accountability: Tribunals should be granted more autonomy to function independently. Robust oversight mechanisms should be established to ensure transparency, minimize government interference, and allocate sufficient resources.
Drishti Mains Question:
Discuss the importance of tribunals in the Indian judicial system. Additionally, assess the impact of tribunalisation on the traditional judiciary.
UPSC Civil Services Examination Previous Year Question (PYQ):
Prelims:
Q. The National Green Tribunal Act, 2010 was enacted in accordance with which of the following provisions of the Constitution of India? (2012)
- Right to healthy environment, construed as a part of the Right to life under Article 21.
- Provision of grants for raising the level of administration in Scheduled Areas for the welfare of Scheduled Tribes under Article 275(1).
- Powers and functions of Gram Sabha as mentioned under Article 243(A).
Select the correct answer using the codes given below:
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2, and 3
Ans: (a)
Mains:
Q. How far do you agree with the view that tribunals curtail the jurisdiction of ordinary courts? Discuss the constitutional validity and competency of tribunals in India. (2018)
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