Context: Critical analysis on the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance 2021, which abolished several appellate tribunals and authorities.
Criticisms against the Ordinance
Bypassing the usual legislative process.
Lack of stakeholder consultation: E.g. Abolition of Film Certification Appellate Tribunal.
Breach of various judicial directives:
Despite the Supreme Court’s direction in Rojer Mathew v. South Indian Bank case, 2019, no judicial impact assessment was conducted prior to abolishing the tribunals through this Ordinance.
Overlooking suggestions made inMadras Bar Association v. Union of India case, 2020, on the composition of search-cum-selection committee, its role in disciplinary proceedings and fixing of four-year tenure for Chairman and members.
Delays in constituting a National Tribunal Commission (NTC): an independent umbrella body to supervise the functioning of tribunals, the appointment of and disciplinary proceedings against members, and to take care of administrative and infrastructural needs of the tribunals.
The idea of an NTC was first mooted in Chandra Kumar v. Union of India case, 1997.
Limitations in institutional design: Executive interference in the functioning of tribunals in matters of appointment and removal of tribunal members, provision of finances, infrastructure, personnel and other resources required for day-to-day functioning likely to continue.
Need for NTC
Need for an authority to support uniform administration across all tribunals.
A ‘corporatised’ structure of NTC with a Board, a CEO and a Secretariat will allow it to scale up its services and provide requisite administrative support to all tribunals across the country.
Upholding separation of administrative and judicial functions carried out by various tribunals.
Setting performance standards for efficiency of tribunals and their own administrative processes.
Way forward
Initiate dialogue and promote awareness: To overcome the government’s inertia in establishing NTC.
Strengthening legal framework: NTC must be established by constitutional amendment or be backed by statute that guarantees it functional, operational and financial independence.
Uphold institutional independence: Give NTC authority to set members’ salaries, allowances, and other service conditions, subject to regulations.