Notes
Issues with Tribunals
- tribunals taken away maters from regular courts
- reduces imptance of regular courts
- members of tribunals appted by govt, which is larges litigant
- compromising PNJ
- caseload on judiciary still unresolved
- high pendency even in tribunals
- 2018: Income Tax tribunal: 91K cases pending
- 2021: CG industrial Tribunal: 7.3K cases pending
- shortage of staff
- many non judicial members
- interference from parent ministries
- short tenure of tribunal members
Way Ahead
- tribunals must be independent in reality must be provided with requisite autonomy and made independent of respective ministry
- govt should take immediate steps to set up an independent National Tribunals Commission to take over the administration and appts of tribunals
- tribunals must have benches in diff parts of the country to improve accessibility for citizens
- judicial impact assessment helpful to determine extra resources required to handle fresh cases resulting from enactment of a new law
Sampath Kr v UoI
- constitutionally valid for parl to create alternative to HC with jurisdiction over certain matters
- these alternatives must have same efficacy as HC
- appts to be made by either
- Central govt w/ CJI consultation
- high powered committee headed by CJI
L Chandra Kr v UoI
- tribunals will act as court of first instance in respect of areas of law for which they have been formed
- majority (not all) members of tribunal must have judicial background
Madras Bar Association Case 2014
- tribunals be made independent of parent ministries
- tribunals not to be provided support in administrative & financial matters
- govt should set up independent mechanism for independent control of tribunals
- until such time, control under Ministry of Law & Justice
Madras Bar Association Case 2014
- SC again asked govt to set up separate National Tribunal Commission w/ 5yr term for members
- independence of tribunals must be maintained at all costs
class handout: Tribunals Handout.pdf