Recently, the Supreme Court expressed irritation towards the Central government’s failure to fill up the numerous unfilled positions across tribunals. The Court raised a thought-provoking question – is the Central Government planning to “close” tribunals by neglecting the piling vacancies that have been pending for years?
Understanding the Role and Functioning of Tribunals
A tribunal operates as a quasi-judicial institution established to handle administrative or tax-related disputes and issues. Its tasks encompass adjudicating disputes, determining rights between disputing parties, making administrative decisions, and revising existing decisions, among other functions.
Tribunals were not part of the original constitution – instead, their inclusion occurred via the 42nd Amendment Act in 1976. They are governed by Article 323-A (Administrative) and Article 323-B (other matters). The primary goal behind setting up tribunals was to reduce the court’s workload, expedite decision-making, and create a forum managed by legal and domain experts.
Challenges Faced by Tribunals
The primary concern with tribunals is the persisting vacancies. The Supreme Court observed that around 20 presiding officers, 110 judicial members, and 111 technical members’ vacancies are pending throughout the nation. This renders them inefficient, thereby affecting their performance.
In parallel, the Central government has turned a blind eye to the selection committees’ recommendations to fill these vacancies, chaired by sitting Supreme Court judges. When tribunals become dysfunctional, high courts lack jurisdiction over law areas controlled by tribunals, consequently denying people access to justice.
Additionally, non-uniformity among tribunals regarding service conditions, tenure of members, and disparities in nodal ministries responsible for different tribunals further hinders their effective operation.
Tribunal Reform Efforts
To address these issues, the Tribunals Reforms (Rationalisation and Conditions of Service) Bill, 2021 was introduced in the Lok Sabha. The legislation proposes to dissolve certain existing appellate bodies and transfer their functions to other existing judicial entities.
It also defines the term for Chairperson and tribunal members as four years, setting a maximum age limit of seventy years for Chairperson and sixty-seven for other members. It stipulates that a candidate must be at least fifty years of age to qualify for a Chairperson or member role.
Way Forward: Strengthening India’s Tribunal System
Implementing reforms in tribunals could prove to be instrumental in resolving judicial delay and backlog – two persisting issues plaguing the Indian judicial system. One approach to streamline tribunal operations without jeopardizing their independence is the proposed establishment of the National Tribunals Commission (NTC).
