Off With The Tribunals!

Context: By the Tribunals Reforms Act, 2021, for the first time since the 42nd Constitutional Amendment Act 1976, the government has demonstrated its resolve to clamp down on the senseless proliferation of tribunals.

The Tribunals Reforms Act, 2021

• Beginning of the new era of judicial reforms: By shutting down multiple tribunals, including the Intellectual Property Appellate Board (IPAB) and the Film Certification Appellate Tribunal (FCAT).

Issues with tribunalisation of justice

• ‘Independence’ of tribunals viewed suspiciously: As they do not enjoy the general reputation of judicial independence like high courts.
• Wider scope for state interference: Government had overwhelming powers when it came to appointing and removing tribunal judges.
• While the Supreme Court has managed to restore some oversight of high courts over these tribunals by invoking ‘basic structure doctrine,  its record on other issues pertaining to tribunals has been less than consistent.
• While SC allowed NCLT to take over the company law jurisdiction of high courts but hesitated at the idea of National Tax Tribunal (NTT) taking over the powers of high courts to decide tax cases.
• Tribunals remain dysfunctional: Due to a lack of appointments, poor representation of technical members, doubts over the quality of members drawn from bureaucracy etc.
• E.g. Case of erstwhile Competition Appellate Tribunal, where bureaucrats with no specialist experience in economics or competition law were being appointed to the post of technical member.
• For E.g. The quality of its judgments of Film Certification Appellate Tribunal (FCAT), over the years, be it in the case of commercial cinema or politically charged documentaries, has been beyond abysmal.