The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, represents a significant change in the legal framework governing various tribunals in India. Issued by the Union Ministry of Law and Justice, this ordinance has been brought into effect after the Central Government’s bill to abolish certain tribunals did not get parliamentary approval. The ordinance seeks to streamline the functioning of tribunals and proposes that appeals that would have gone to these tribunals will now be directed to the commercial courts or High Courts.
Overview of the Tribunals Reforms Ordinance
The ordinance aims to dissolve certain existing appellate bodies and transfer their functions to other judicial bodies. It is part of the government’s ongoing efforts to overhaul the tribunal system in India, which has faced criticism for being overburdened and inefficient. By redirecting cases to commercial courts or High Courts, the ordinance intends to reduce the number of cases pending before tribunals and improve the speed and quality of dispute resolution.
Amendments to Various Acts
The Tribunals Reforms Ordinance amends several key pieces of legislation. These include the Customs Act, Cinematograph Act, Copyright Act, and Trade Marks Act, among others. Each amendment pertains to the specific functioning of tribunals under these acts, and the changes are designed to facilitate a smoother transition of cases from the abolished tribunals to higher judicial forums.
Impact on the Customs Act
Under the Customs Act, the ordinance abolishes the Appellate Tribunal and mandates that appeals be filed directly with the High Court. This change is expected to expedite the resolution of customs disputes by eliminating an intermediate appellate layer and allowing for swifter judicial processes.
Changes to the Cinematograph Act
The Cinematograph Act previously provided for an Appellate Tribunal to handle disputes related to film certification. With the ordinance in place, filmmakers dissatisfied with the decisions of the Central Board of Film Certification (CBFC) can now appeal directly to the High Court.
Revisions to the Copyright Act
Similarly, the Copyright Act’s Appellate Board has been dissolved by the ordinance. Copyright disputes, which were earlier addressed by this board, will now move to the jurisdiction of the commercial courts or High Courts, aiming to provide a more streamlined avenue for litigants to resolve their copyright issues.
Trade Marks Act Adjustments
For the Trade Marks Act, the Intellectual Property Appellate Board (IPAB) which was responsible for hearing appeals on trademark disputes, has been done away with. Consequently, any appeals against the decisions of the Registrar of Trademarks will be taken up directly by the High Courts.
Rationale Behind the Reforms
The primary reason for these reforms is to rationalize the tribunal system and improve the efficiency of legal proceedings. By reducing the number of specialized tribunals, the government aims to cut down on administrative costs and the complexity associated with multiple layers of legal challenge. This is also expected to lead to quicker resolutions of disputes, as the High Courts and commercial courts are generally equipped with better resources to handle such cases.
Implications for Stakeholders
Stakeholders affected by these changes include businesses, individuals, and legal professionals who regularly engage with the tribunal system. They will need to adapt to the new legal landscape, which could involve understanding new procedures for filing appeals and possibly dealing with a different set of judicial authorities. While there may be some initial adjustment challenges, the long-term expectation is that the reforms will yield a more efficient and effective dispute resolution mechanism within the Indian legal system.
By consolidating the adjudicatory functions of different tribunals into the commercial courts and High Courts, the Tribunals Reforms Ordinance, 2021, marks a significant shift in how legal disputes are managed in India. It remains to be seen how these changes will play out in practice and whether they will achieve the intended outcomes of a faster and more cost-effective justice delivery system.
