look news india
After the strict instructions and decisions given from time to time by the Supreme Court regarding the vacant posts in various tribunals across the country, the autonomy of the search-cum-selection committees and their functioning, the Central Government now seems to be on the backfoot. According to sources, the Modi government is making strong preparations to introduce a new and comprehensive ‘Tribunal Reforms Bill’ in the upcoming monsoon session of Parliament. The main objective of this new bill is to immediately dispose of long pending cases in judicial and quasi-judicial tribunals of the country, bring transparency in appointments and implement reforms as per the directions of the judiciary.
Possibility of amendment in the tenure of the Chairman and members and the minimum age limit of 50 years.
The biggest change in the proposed law may relate to the appointment and tenure of tribunal chairpersons and members. Earlier, the Supreme Court had rejected the provisions of short tenure of 4 years and minimum age limit of 50 years, saying that due to this, senior and qualified lawyers and judges do not get inclined towards the tribunal. The new draft is likely to respect the observations of the Supreme Court and incorporate the recommendations of increasing the tenure of chairpersons and members to 5 years and making the age limit rules flexible, so as to provide greater stability to the tribunals.
National Tribunal Commission (NTC) may be formed, autonomy will increase in appointments
Another most important and revolutionary aspect of the Bill may be related to the formation of ‘National Tribunal Commission’ (NTC). The judiciary has been demanding for a long time that the administrative control of all tribunals across the country, their appointments, infrastructure and management of funds should be with an independent body (NTC) instead of the concerned ministries. This will end interference of the executive (government) in the functioning of tribunals and ensure their judicial autonomy. Apart from this, the role of the Chief Justice of India (CJI) or the Supreme Court judge nominated by him in the search-cum-selection committees is being made paramount and decisive.
This will pave the way for speedy disposal of pending cases and filling of vacant posts.
At present, a large number of posts are lying vacant in various tribunals of the country—like National Green Tribunal (NGT), CAT, TDSAT and NCLAT—due to which thousands of cases of common citizens and industry are pending. The Supreme Court had given a clear warning in the recent hearing that if the government does not empower the tribunals in time, it will lead to the collapse of the entire judicial system. It is expected that after this new bill is passed by the Parliament, the shortcomings of the tribunals will be removed and a new era of speedy justice system will begin in the country.