Question

Discuss the constitutional validity and competency of the tribunals in india upsc

Answer 1

Tribunals in India are set up with an objective of providing more accessible and speedy justice to litigation's coming under granted jurisdiction by legislature as the formal judicial system from Supreme Court to District Courts are saddled with arrears.

MAIN CONTENTION :

The supreme court wanted provisions for creation of tribunals in line with Article 247 where as parliament legislates tribunals powers, functions and jurisdiction in line with Articles 323A and 323B created by 42nd amendment passed in emergency era.

‘Additional courts’ as per A-247 would have come under the jurisdiction

of High Courts in most matters like appointments and removal of judges, administrative and financial matters; this would have ensured their independence. But now tribunals created under 323A and 323B depend on government for appointment and removal, funding etc and exclude judicial review power of High Courts on orders passed by tribunals.This aspect compromises the independence of tribunals.

There have been instances where bureaucrats were appointed as members of tribunal, members resigning from board due to lack of sufficient resources. Recently Supreme Court while striking down the constitution of National Tax Tribunal spelt out that members of tribunals should hold a rank, status and capacity which is as close to those of the judges in a court as possible and held that an officer working with the Executive cannot be member of tribunal.

Thus the tribunals while being constituted must be given enough autonomy, independence and financial resources statutorily . Appointments and removal of its members must be done by a select committee.A well working tribunals system is much needed to revitalize and complement our slow judiciary system.

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