Tribunal Reforms BillSeptember 5, 2021 2021-09-05 14:14
Tribunal Reforms Bill
Tribunal Reforms Bill
The working of the Tribunal is very different from the working of the court that used the tribunals is free from the Indian Evidence Act and free from the procedural cycles of civil procedure code and this is the reason that they can deliver the justice faster along with its if you will look into the administrative policy and the policies on ways for the social and economic development so for better and effective governance also we need to settle the disputes amicably and it should be inexpensive and it should be done in a speedy manner and therefore the context of social-economic development we need to have the tribunals the court has also NT Sudhakar Prasad case the Parliament has created a mechanism for education that delivers fast and delivery of the justice.
The Tribunal says that there has always been an allegation on the Tribunal. It has been alleged that they are overstepping the jurisdiction and in this context, we need to understand the remark made by the court in the Sampath Kumar case. The second is the issue of the Tribunal. This question has been observed in the NCLT case in which the court has observed that there is a search cum selection committee. It is basically against the independence of the Judiciary and again in this context there has been a remark by Madras Bar Association v/s Union of India so in this case. It is in the hands of the government to remove the members of the Tribunal and this again jeopardizes the judicial independence of the tribunals.
In this context it has been observed that the government is of the view that some of the tribunals are having lack of infrastructure are having the lack of human resources and that resides into the high pendency of the So whenever the government intervenes sometimes it is for the good purpose and sometimes it is for the bad. The appointment and the removal of the chairperson and the members After that what happened the government brought an ordinance in June 2020 and this Ordinance again talks about the same rules for the appointment and removal after that what happened the government has brought it reformed bill that is called Tribunal Reform bill earlier it was ordinance and now the government has brought Tribunal Reform bill.
The problem lies in section 3 of the bill says that this search cum selection committee will send two names to the government for the appointment of the chairperson and the members and government will have the last say on the appointment of the chairperson, So ultimately Judiciary has more power but ultimately the power rest with the government.
Lastly, we can conclude that whenever the government brings that kind of bill it defeats the purpose of the introduction of the tribunals in the constitution itself because when the Tribunal has been constituted it has also been envisioned that the judicial Independence should be given to the Tribunal and if the judicial independence of the Tribunal is being taken then how you can think of fulfilling the objective of the Tribunal that is Fast and effective delivery of the justice.
Suggested Readings: The Tribunals Reforms Bill, 2021 (prsindia.org)
Author is a law student pursuing her B.B.A. LL.B. from GGSIPU. With keen interests in Legal Researching and empirical implementation and training in analytical skills.