Tribunal in India
Creation of Tribunals
What are Tribunals?
Established for discharging judicial or quasi-judicial duties
To reduce the caseload of the judiciary
Specialist judicial bodies that decide disputes in a particular area of law
Article 323B: Specified certain subjects such as taxation and land reforms
Article 262: Interstate water disute
Article 323A: Parliament to create
Case in Focus: Armed
Forces Tribunal (AFT)
Justice Karol’s Observations: AFT lacks the authority of the Supreme Court or High Courts.
Courts cannot mandate government legislation or policy creation.
Tribunals to operate within governing legislation, lacking jurisdiction to influence policy formation.
AFT's potential direction to the government on appointing the Judge Advocate General (Air).
National Tribunals
Commission (NTC)
Idea was first mooted in L. Chandra Kumar v. Union of India (1997)
NTC to supervise the functioning of tribunals
An independent oversight body
Centre is yet to constitute a NTC
Why is SC fuming?
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Lack of transparency in appointments
Under trials
Corruption
Lack of information and interaction among people and courts.
Pendency of cases
Way Forward
Upholding separation of power
Tribunals can unburden Judiciary
Fast-track the judicial process
Digitization of the process
Impartiality, independence, fairness and reasonableness in decision-making
The Supreme Court clarified that tribunals, bound by their governing legislations, cannot compel the government to formulate policy.