Brief Context
The Supreme Court stressed the need to strengthen tribunals highlighting issues in staff appointments, service conditions, and judicial tenure while reviewing the Tribunal Reforms Act, 2021.
Source Content
Syllabus: GS2/ Polity
In Context
- The Supreme Court stressed the need to strengthen tribunals highlighting issues in staff appointments, service conditions, and judicial tenure while reviewing the Tribunal Reforms Act, 2021.
What are Tribunals?
- Tribunals are quasi-judicial bodies established to resolve disputes in specialized areas, ensuring faster and expert adjudication. The 42nd Amendment Act (1976) added Part XIV-A to the Constitution, introducing:
- Article 323A: Allows Parliament to set up Administrative Tribunals for public service matters.
- Article 323B: Empowers Parliament and state legislatures to establish tribunals for taxation, land reforms, industry, and elections.
Key Issues Affecting Tribunals
- Lack of Judicial Independence: Executive control over appointments, short tenure, and interference dilute tribunals’ autonomy.
- Example: The Supreme Court struck down certain provisions of the Tribunal Reforms Act, 2021, which restricted judicial dominance in selection committees.
- Case Backlogs: Heavy pendency due to vacancies and slow disposal of cases.
- Example: Armed Forces Tribunal (AFT) has 18,829 cases pending (2021).
- Staffing and Infrastructure Deficiencies: Lack of human resources, inadequate facilities, and poor service conditions.
- Example: NCLT staff recruitment on a contractual basis raised concerns over security and efficiency in handling sensitive cases.
- Overlapping Jurisdiction: Tribunals and regular courts often handle similar cases, leading to confusion.
- Example: The Supreme Court has observed frequent conflicts between NCLT and High Courts in corporate law matters.
Way Forward
- Enhancing Judicial Independence: Ensure tribunals have judicial dominance in appointments and protection from executive interference.
- Setting up a National Tribunals Commission (NTC): A centralized body to oversee tribunal administration, appointments, and working conditions.
- Filling Vacancies & Infrastructure Development: Expedite appointments and provide better facilities for tribunal members.
- Jurisdiction Clarity: Clearly define the scope of tribunal cases to avoid conflicts with regular courts.
Source: HT