By TIOL News Service
NEW DELHI, MAY 17, 2018: THE issue at hand before the bench pertained to the restructuring of Tribunals in India, based on interpretations laid down in certain precedent cases of the Apex Court and expert studies on the issue. The court in L. Chandra Kumar versus Union of India had examined a concept note recommending the creation of an independent body exercising oversight over Tribunals to ensure that the Tribunals or their members should not be required to seek facilities from the sponsoring or parent ministries or concerned departments. Besides, the 74th Report of the Parliamentary Standing Committee had also recommended creating a National Tribunal Commission to oversee all the Tribunals in India.
Further, the proposed body would deal with the appointment & removal of members of various Tribunals by constituting sub-committees. The concept note also sugested holding a national-level competition for recruitment of Tribunal members or else recruiting from serving officers in higher judicial service. It also sought to recruit members on the basis of efficiency and to avoid influencing of decisions by the Govt.
Thereupon, in the present case, the Apex Court agreed to the establishment of such a body. It mentioned that regular cadre for Tribunals would be necessary and that their functioning & performance be reviewed by an indepedent body. The Court also held that Tribunal members be eligible for appointment to the High Courts & a mechanism be considered whereby due consideration is given to them similar to members of Higher Judicial Service. This would provide requisite talent for High Courts to deal with issues arising from Tribunal decisions as well as protect the objective behind Tribunals to provide speedy & inexpensive justice. Importantly, the Court also observed that where there is only one seat of a Tribunal, it should have benches in all states or else in all regions wherever litigation arose.
Thereby, the Court observed that a committee had to be established for examining the feasibility of setting up the proposed National Tribunal Commission. It further mentioned that such committee comprise of three members, one of whom preferably be a retired judge of the Apex Court who may have served in a Tribunal. It then deferred the matter for further hearing on May 10, 2018. Thereupon, in its subsequent order dated May 16, 2018, the Apex Court held that wherever the need was felt to appoint a former Chief Justice or a former Supreme Court Judge, to a Tribunal or Commission, and no suitable person of that category was available, a former Judge of a High Court could be recruited instead. The Court then directed the Government to set up such a committee, within two months. Such committee would file its report three months thereafter. With such observations, the matter was listed for hearing on November 12, 2018.
The relevant findings of the Apex Court are,
++ we further direct that wherever qualification required for appointment to a Tribunal/Commission is of a former Chief Justice or a former Supreme Court Judge, and no suitable person of that category is available, it will be open to make appointment of any suitable former Judge of a High Court till any legislative amendment in that regard is brought out so that a Tribunal/Commission may not remain headless.
++ subject to above, the constitution of the Committee is left to the Government. The Committee may be constituted within two months and may give its report within three months thereafter. Union of India may take a call thereon and take such further action as found appropriate. An affidavit of further developments be filed in this Court by 31st October, 2018. Learned amicus will be at liberty to put forward his view-point before the said Committee.
++ list again on 13th November, 2018 to consider any further direction.
(See 2018-TIOL-201-SC-SERVICE)
