SC Calls for Strengthening of Tribunals

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