Restructuring The Tribunals System

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 in Madras 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.