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Tribunal System In India- GS 2 Lesson- 5 Presented By ROMAN SAINI
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IN THIS LESSON Tribunal System In India Bypassing The Jurisdiction Of High Court Conclusions And Recommendations By Law Commision
Tribunal System In India Bypassing The Jurisdiction Of High Court Bypassing the High Court or debarring it from entertaining a dispute involving the question of constitutional validity of any law would be directly hitting the basic structure .It would amount to denying a Constitutional remedy to the aggrieved party. The power of judicial review vested in the High Courts assumes greater significance when the matters involving State as one of the litigant are large in number. . The High Courts have unquestionable power of superintendence and control over the Tribunals under the Constitution. .
Tribunal System In India However, the overriding effect in Articles 323- A and 323- B under Part lXV-A cannot in any case denude the High Court of its power of superintendence under Article 227 of the Constitution The exclusion of jurisdiction of all the Courts except the Supreme Court' (Section 28 in The Administrative Tribunals Act, 1985) cannot be construed to mean that, the power of judicial review vested in the High Court is also excluded In L. Chandra Kumar (Supra), the Supreme Court declared clause 2(d) of Article 323A and clause 3(d) of Article 323B, which excluded the jurisdiction of the High Courts under Articles 226, 227 and of the Supreme Court under Article 32 of the Constitution as unconstitutional .
Tribunal System In India Conclusions And Recommendations By Law Commision The Law Commission of India (Chairperson: Dr. Justice B. S. Chauhan) submitted its report on 'Assessment of Statutory Frameworks of Tribunals in India' to the Ministry of Law and Justice on October 27, 2017. Tribunals are quasi-judicial institutions set up to address delays in disposal of cases in courts. The matter was referred to the Commission by the Supreme Court. The report examined issues related to: (i) constitution of tribunals, (ii) appointment of the chairman and members of tribunals, and (ii) service conditions of the members of tribunals.
Tribunal System In India .Pendency in tribunals: The Commission observed that the high pendency of cases in some tribunals indicates that the objective of setting them up has not been achieved. Pendency of cases in some tribunals Number of Tribunal Central Administrative Tribunal Railway Claims Tribunal Debt Recovery Tribunal Customs, Excise and Service Tax Appeal Tribunal Income Tax Appellate Tribunal pending cases 44,333 45.604 78,118 90,592 91,538 Source: 272nd Report of the Law Commission of India.
Tribunal System In India The Commission makes the following recommendations, for the consideration of the Central Government namely: .In case of transfer of jurisdiction of High Court to a Tribunal, the members of the newly constituted Tribunal should possess the qualifications akin to the judges of the High Court. Similarly, in cases where the jurisdiction and the functions transferred were exercised or performed by District Judges, the Members appointed to the Tribunal should possess equivalent qualifications required for appointment as District Judges . There shall be uniformity in the appointment, tenure and service conditions for the Chairman, Vice-Chairman and Members appointed in the Tribunals. While making the appointments to the Tribunal, independence shall be maintained. .
Tribunal System In India The Commission stated that the selection of members should be impartial. It suggested that the involvement of government agencies should be minimal, since the government is typically a party in every litigation. There shall be constituted a Selection Board/Committee for the appointment of Chairman, Vice-Chairman and Judicial Members of the Tribunal, which shall be headed by the Chief Justice of India or a sitting judge of the Supreme Court. Further, the selection committee should have two nominees of the central government. The appointment of other members such as administrative members, accountant members, and technical members should be undertaken by separate selection committee headed by a nominee of the central government, appointed in consultation with the Chief Justice of India
Tribunal System In India Uniformity in service conditions: The Commission noted that currently there is no uniformity in the age of retirement of tribunal members and is of the opinion that uniformity in the service conditions of the Chairman and other Members of the Tribunals is one of the most significant requirements to ensure smooth working of the system. . It recommended that there should be uniformity in the appointment, tenure, and service conditions for the: (i) chairman, (i) vice-chairman, and (ii) members of tribunals. The chairman should hold office for three years or till the age of 70, whichever is earlier. . The vice chairman should hold office for three years or till the age of 67. .
Tribunal System In India The Commission observed that if decisions of appellate tribunals are appealed before High Courts regularly, the purpose of establishing tribunals may be defeated. .It suggested that a party aggrieved by an appellate tribunal's decision should be able to approach only the Supreme Court on grounds of public or national importance. Benches of tribunals: The Tribunals must have benches in different parts of the country so that people of every geographical area may have easy Access to Justice .Ideally, these benches of Tribunals should be located where High Courts are situated.