Tribunalization of Justice in India: Challenges, Reforms and Future Prospects

Tribunals play a crucial role in delivering swift and specialized justice in India. Following the 42nd Constitutional Amendment, the number of tribunals has significantly increased to address growing complexities in law and judicial backlog. However, this trend, known as the tribunalization of justice, brings various challenges that impact the judiciary and access to justice.

Tribunalization of Justice in India

Tribunals and Justice Delivery

• Introduction to Tribunals: Tribunals are quasi-judicial institutions for speedy and specialised dispensation of justice. 
• Growth of Tribunals: After 42nd Constitutional Amendment which incorporated Articles 323A and 323B, the number of tribunals has burgeoned at both centre and state level. 
• Factors Contributing to Tribunalization: Further increasing complexities in laws, pendency in the mainstream judiciary, need for subject experts in deciding cases etc have also led to an increased number of tribunals. 
• Concept of Tribunalization of Justice: This trend is being called as Tribunalisation of Justice.

Challenges

• Separation of Power: Tribunalization is seen as encroachment in the judiciary by the government.
• Devalue the Authority of HCS: The appeals from tribunal go directly to the SC. bypassing High Courts. 
  • In this case, SC would have less time and resources for constitutional matters.
• Rampant Tribunalization: It has also been seen that various tribunals have been established in regular course without considering need or making any due analysis
• Costly: Tribunals lead to justice becoming costly and less accessible as unlike HCS, tribunals are not present in all states.
• High Backlog of Cases: As per the report of the law panel, the top five central tribunals in the country have a combined backlog of over 3.50 lakh cases

Way Forward

Transfer of Jurisdiction: As per the SC decision in R. Gandhi Case, it is incumbent upon the government that when the existing jurisdiction of a court is transferred to a tribunal, its members should be persons of a rank, capacity and status as nearly as possible equal to the rank, status and capacity of the court.

• Appointment of Tribunal Members: Moreover, the appointments to members should be done by an impartial and independent selection committee. 
• Administrative Support for Tribunals: Further, the administrative support for all Tribunals should be from the Ministry of Law & Justice.

Reforms For Better Functioning Of Tribunals

Tribunal Reforms Act, 2021

• The Tribunal Reforms Act, 2021 is a law that aims to rationalise and streamline the functioning of various tribunals in India. 

Reason For Reform 

• Ineffective and Overcrowded: Data analysis over the last three years has revealed that tribunals in various sectors have not necessarily resulted in faster justice delivery, and they also come at a significant cost to the government. 
  • This prompted the decision to rationalise the operation of tribunals, which began in 2015.
• Supreme Court’s Dissatisfaction: The Supreme Court recently expressed its dissatisfaction with the functioning of the country’s tribunals, citing the fact that several of these important quasi-judicial bodies are understaffed. 
• Issue of Vacancies: As the Supreme Court has noted, India now has 16 tribunals, including the National Green Tribunal, the Armed Forces Appellate Tribunal, and the Debt Recovery Tribunal, all of which have crippling vacancies. 

Features 

• Finance Act 2017: The Finance Act of 2017 merged several tribunals based on domain. 
  • It also empowered the federal government to issue rules governing the composition of search and selection committees. 
•  Qualifications of Tribunal Members: Their service terms (such as removal and pay). 
  •  The measure repeals these provisions of the Finance measure of 2017.
  •  The statute includes provisions for selection committee composition and length of office. 
• Search and Selection Committees: The Chairperson and Members of the Tribunals shall be selected by the central government based on the recommendations of a Search-cum-Selection Committee. 
  • State administrative tribunals will have their own search and selection panels. 
  • The central government shall act on the recommendations of selection committees as soon as possible, preferably within three months of the date of the recommendation. 
• Eligibility and Term of Office: The act establishes a four-year tenure for tribunal members. It establishes a maximum age of 70 years for the chairperson and 67 years for the other members. 
  • The minimum age for appointments is 50 years. 
• Uniform Compensation and Rules: The statute establishes uniform pay and rules for search and selection committees across tribunals.
• Removal of Chairperson or Member of Tribunal: The Central Government shall, on the recommendation of the Committee, remove from office, in such manner as may be provided by rules, any Chairperson or a Member, who —
  • has been adjudged as an insolvent
  • has been convicted of an offence which involves moral turpitude
  • has become physically or mentally incapable of acting as such Chairperson or Member
  • has acquired such financial or other interest as is likely to affect prejudicially his functions as such Chairperson or Member
  • has so abused his position as to render his continuance in office prejudicial to the public Interest
• Pay and Allowances: The statute specifies that the Chairpersons and Members of the tribunal being disbanded would cease to hold office and will be entitled to compensation equal to three months’ pay and allowances for their premature termination.

Issues with the Reform 

• Striking Down of the Ordinance: The Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance of 2021 was struck down by the Supreme Court two days before the Act was tabled in the Lok Sabha. 
• Reinstatement of Provisions: The Act reinstated the ordinance’s provisions that had been overturned by the Supreme Court. 
• Lack of Addressing Supreme Court’s Concerns: All of this was done without even deleting the basis for the Supreme Court’s decision. 
• Undermines Independence of the Judiciary: The 2021 Act abolishes nine vital tribunals and poses a serious danger to judicial independence by granting the government broad authority over key tribunal members’ selections, service conditions, wages, and so on.

Conclusion

The Tribunal Reforms Act, 2021 aims to streamline tribunal functions and improve their effectiveness. 

• However, concerns remain about the independence of the judiciary and the potential for government overreach in appointing tribunal members. 
• Addressing these issues is essential for ensuring that tribunals serve their intended purpose of providing fair and timely justice.

DOWNLOAD PDF