{"id":157879,"date":"2025-03-06T19:51:19","date_gmt":"2025-03-06T14:21:19","guid":{"rendered":"https:\/\/pwonlyias.com\/stage\/?post_type=current-affairs&p=157879"},"modified":"2025-03-06T19:51:19","modified_gmt":"2025-03-06T14:21:19","slug":"sc-observations-on-tribunals-in-india","status":"publish","type":"current-affairs","link":"https:\/\/pwonlyias.com\/stage\/current-affairs\/sc-observations-on-tribunals-in-india","title":{"rendered":"Tribunals in India Need To Be Strengthened: Supreme Court"},"content":{"rendered":"

Recently the<\/span> Supreme Court of India <\/b>highlighted several <\/span>issues of the Tribunals <\/b>while hearing a<\/span> petition challenging constitutional validity<\/b> of the <\/span>Tribunal Reforms Act, 2021.<\/b><\/p>\n

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Key Takeaways from Supreme Court’s Observations on Tribunals in India<\/b><\/span><\/h2>\n
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  • Strengthening the Tribunal System: <\/b>The Supreme Court emphasised the<\/span> need to strengthen tribunals <\/b>to maintain litigants’ confidence in the adjudication process.<\/span><\/span>\n
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    • The Supreme Court criticized the treatment of retired judges in tribunals and urged the Centre to <\/span>strengthen transfer and posting mechanisms<\/b>.<\/span><\/span><\/li>\n<\/ul>\n<\/li>\n
    • Issues with Recruitment and Staffing: <\/b>The recruitment of tribunal members is overseen by a <\/span>committee led by a Supreme Court judge<\/b>.<\/span><\/span>\n
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      • However, issues like service conditions, recruitment of support staff, and tenure fall under the central government\u2019s domain.<\/span><\/li>\n
      • The Supreme Court highlighted concerns over <\/span>contract-based employment of support staff<\/b> in sensitive tribunals like the <\/span>National Company Law Tribunal (NCLT)<\/b>.<\/span><\/span><\/li>\n<\/ul>\n<\/li>\n
      • Vacancies in Tribunals: <\/b>The court previously directed the Centre (in January 2025) to <\/span>furnish data on vacancies<\/b> within four weeks.<\/span><\/span>\n
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        • The court questioned the <\/span>age criteria for GST tribunal appointments<\/b>, which had been invalidated earlier but was reinstated in the 2021 law.<\/span><\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/th>\n<\/tr>\n<\/tbody>\n<\/table>\n

          <\/div>\n

          Tribunals Reforms Act, 2021<\/b><\/span><\/h2>\n
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          • Background: <\/b>The Act was enacted to streamline tribunals by dissolving certain appellate tribunals and transferring their functions to existing judicial bodies like High Courts.<\/span>\n
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            • It was introduced in response to the Supreme Court\u2019s ruling in <\/span>Madras Bar Association vs. Union of India (2021), <\/b>which struck down provisions of the Tribunal Reforms Ordinance, 2021.<\/span><\/li>\n<\/ul>\n<\/li>\n
            • Key Provisions<\/b>\n
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              • Abolition of Tribunals: <\/b>Multiple appellate tribunals were dissolved, and their functions were shifted to<\/span> High Courts and other judicial bodies.<\/b><\/li>\n
              • Search-cum-Selection Committee: <\/b>Established to recommend the appointment of tribunal chairpersons and members.<\/span>\n
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                • For Central Tribunals:<\/b><\/li>\n
                • Chairperson<\/b>: Chief Justice of India (CJI) or a Supreme Court judge nominated by the CJI (casting vote).<\/span><\/li>\n
                • Other Members<\/b>: Two secretaries nominated by the Central Government, sitting\/outgoing chairperson of the tribunal (or a retired Supreme Court judge\/Chief Justice of a High Court).<\/span><\/li>\n
                • Non-voting Member<\/b>: Secretary of the relevant Union Ministry.<\/span><\/li>\n
                • For State Administrative Tribunals: Chairperson<\/b>: Chief Justice of the\u00a0 respective High Court (casting vote).<\/span><\/li>\n
                • Other Members<\/b>: Chief Secretary of the State Government, Chairman of the State Public Service Commission, sitting\/outgoing tribunal chairperson, or a retired High Court judge.<\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n
                • Tenure and Age Limits<\/b>\n
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                  • Chairperson and members have a <\/span>4-year tenure<\/b>, with a <\/span>minimum age of 50 years<\/b>.<\/span><\/li>\n
                  • Maximum age limit: <\/span>67 years<\/b> for tribunal members and <\/span>70 years<\/b> for chairpersons, or completion of the <\/span>4-year tenure<\/b>, whichever is earlier.<\/span><\/li>\n
                  • Tribunal chairpersons and members are <\/span>eligible for reappointment<\/b>, with preference given to past service.<\/span><\/li>\n<\/ul>\n<\/li>\n
                  • Removal of Tribunal Members: <\/b>The <\/span>Central Government<\/b>, based on the recommendation of the <\/span>Search-cum-Selection Committee<\/b>, can remove a chairperson or member.<\/span><\/li>\n<\/ul>\n

                    Criticism of the Tribunals Reforms Act, 2021<\/b><\/span><\/h2>\n
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                    • Reintroduction of Struck-Down Provisions: <\/b>The Act was introduced in <\/span>Lok Sabha just days after<\/b> the Supreme Court struck down the <\/span>Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021<\/b>.<\/span>\n
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                      • It reinstated the <\/span>same provisions<\/b> that the Supreme Court had declared unconstitutional <\/span>without addressing the court\u2019s concerns<\/b>.<\/span><\/li>\n<\/ul>\n<\/li>\n
                      • Threat to Judicial Independence: <\/b>The Act grants the <\/span>government extensive control<\/b> over <\/span>appointments, service conditions, and salaries<\/b> of tribunal members.<\/span>\n
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                        • This undermines the <\/span>independence of tribunals<\/b> and raises concerns about executive overreach.<\/span><\/li>\n<\/ul>\n<\/li>\n
                        • Abolition of Key Tribunals: <\/b>The Act <\/span>abolished nine important tribunals<\/b>, transferring their functions to High Courts or other judicial bodies.<\/span>\n
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                          • This has raised concerns about <\/span>overburdening courts<\/b> and reducing specialized adjudication.<\/span><\/li>\n<\/ul>\n<\/li>\n
                          • Tenure and Appointment Challenges: <\/b>The <\/span>four-year tenure<\/b> under the 2021 Act has discouraged good candidates from joining tribunals.<\/span><\/li>\n
                          • Lack of Parliamentary Debate: <\/b>The Act was <\/span>passed amidst disruptions in Parliament<\/b> without adequate discussion. Critics argue this bypassed the necessary legislative scrutiny for such a significant reform.<\/span><\/li>\n<\/ul>\n
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                            Global Structure of Tribunal system<\/b><\/span><\/h3>\n
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                            • Australia: <\/b>Handles administrative and civil matters. Appeals go to the <\/span>Court of Appeal<\/b>, under the <\/span>Supreme Court<\/b>.<\/span><\/span><\/li>\n
                            • United Kingdom: Two-tier system<\/b>:<\/span><\/span>\n
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                              • First-Tier Tribunal<\/b> \u2013 Multiple Chambers by subject.<\/span><\/span><\/li>\n
                              • Upper Tribunal<\/b> \u2013 Hears appeals.<\/span><\/span>\n
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                                • Appeals proceed to the <\/span>Court of Appeal<\/b> and <\/span>Supreme Court<\/b>.<\/span><\/span><\/li>\n
                                • The Employment Appeals Tribunal<\/b> exists separately.<\/span><\/span><\/li>\n
                                • Managed by <\/span>HM Courts & Tribunals Service (HMCTS)<\/b>.<\/span><\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n
                                • United States: <\/b>Tribunals have <\/span>quasi-judicial<\/b> powers only.<\/span><\/span>\n
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                                  • Judicial powers remain with courts<\/b> per the Constitution.<\/span><\/span><\/li>\n
                                  • Tribunal decisions are subject to <\/span>judicial review<\/b>.<\/span><\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/th>\n<\/tr>\n<\/tbody>\n<\/table>\n

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                                    About Tribunals<\/b><\/span><\/h2>\n

                                    \"Tribunals<\/p>\n

                                    \u00a0<\/p>\n

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                                    • A tribunal is a <\/span>quasi-judicial <\/b>body that resolves disputes related to <\/span>administration, taxation, environment, securities, and other specialized areas.<\/b><\/li>\n
                                    • Tribunals as an Alternative to Courts: <\/b>Tribunals in India serve as <\/span>adjudicatory bodies <\/b>offering an alternative to the traditional court system.\u00a0<\/span><\/li>\n
                                    • Functions of Tribunals<\/b>\n
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                                      • Adjudicating Disputes: <\/b>Settling legal conflicts between parties.<\/span><\/li>\n
                                      • Determining Rights:<\/b> Deciding entitlements and obligations of contesting <\/span>parties.<\/span><\/li>\n
                                      • Administrative Decisions:<\/b> Making rulings on policy implementation and enforcement.<\/span><\/li>\n
                                      • Reviewing Decisions: <\/b>Reassessing existing administrative decisions for fairness and legality.<\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n

                                        Difference Between Tribunal and Court<\/b><\/span><\/h3>\n
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                                        Feature<\/b><\/td>\nTribunal<\/b><\/td>\nCourt<\/b><\/td>\n<\/tr>\n
                                        Nature<\/b><\/td>\nSpecialized adjudicatory body<\/span><\/td>\nGeneral judicial authority<\/span><\/td>\n<\/tr>\n
                                        Jurisdiction<\/b><\/td>\nSpecific subject matter (e.g., tax, labor, environment)<\/span><\/td>\nBroad jurisdiction over civil, criminal, and constitutional matters<\/span><\/td>\n<\/tr>\n
                                        Composition<\/b><\/td>\nIncludes judicial and technical members<\/span><\/td>\nComposed of judges with legal backgrounds<\/span><\/td>\n<\/tr>\n
                                        Procedures<\/b><\/td>\nLess formal, flexible rules of evidence and procedure<\/span><\/td>\nStrict procedural rules and adherence to the Evidence Act<\/span><\/td>\n<\/tr>\n
                                        Powers<\/b><\/td>\nLimited to the scope defined by statute<\/span><\/td>\nHas inherent powers, including judicial review<\/span><\/td>\n<\/tr>\n
                                        Appeal Process<\/b><\/td>\nDecisions are usually subject to judicial review by higher courts<\/span><\/td>\nAppeals lie to higher courts within the judicial hierarchy<\/span><\/td>\n<\/tr>\n
                                        Objective<\/b><\/td>\nProvides speedy and specialized dispute resolution<\/span><\/td>\nEnsures justice under general legal principles<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

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                                        Need for Tribunals In India<\/b><\/span><\/h2>\n
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                                        • Addressing Case Pendency: <\/b>Tribunals were established to tackle the backlog of cases in various courts.They also help in<\/span> reducing delays in delivering justice.<\/b><\/li>\n
                                        • \u00a0Reducing Court Workload: <\/b>By handling specialized disputes, tribunals ease the burden on traditional courts. They <\/span>allow the judiciary to focus on core legal matters.<\/b><\/li>\n
                                        • Faster and Efficient Decision-Making: <\/b>Tribunals expedite dispute resolution compared to lengthy court procedures. Their processes are designed to be more streamlined and time-efficient.<\/span><\/li>\n
                                        • Expert-Driven Adjudication: <\/b>Tribunals are staffed by legal professionals and subject-matter experts. This ensures informed and well-reasoned decisions in specialized areas.<\/span><\/li>\n
                                        • Speedy Resolution: <\/b>Faster dispute resolution compared to conventional courts.<\/span><\/li>\n
                                        • Decentralization:<\/b> Accessibility of justice across different regions.<\/span><\/li>\n
                                        • Specialised Role in Justice Delivery: <\/b>They handle disputes in key areas such as:<\/span>\n