National Tribunals Commission: An Effort To Streamline Quasi-Judicial Institutions

India has single and integrated judicial system with Supreme Court at the top, high courts below it and subordinate courts at the bottom. However the Constitution of India under Article 323-A and 323-B provides for the establishment of ‘Administrative Tribunals’ and ‘Tribunals for other matters.’

• Tribunals are established for discharging judicial or quasi-judicial duties for reducing case load of the court system and to bring in subject expertise for technical matters. At present, tribunals are supervised by High Courts and Supreme Court. A National Tribunals Commission has been envisaged as an independent umbrella body to supervise the functioning of tribunals, appointment of and disciplinary proceedings against members, and to take care of administrative and infrastructural needs of the tribunals.

Need for a National Tribunals Commission

Since the 1980s several tribunals have been established under various statutes.

• According to the Supreme Court, tribunals have not been able to function independently since their constitution.
• They are not completely free of executive interference.

The tribunals system is characterised by following issues-

• Selection Process of Members: Chairpersons and other members are appointed by the central government. The Supreme Court from time to time has reiterated that the lack of judicial dominance in the selection committees of tribunals violates the doctrine of separation of powers and is an encroachment on the judicial domain.
• Conflict of Interest: The Executive is often a party in litigations, which creates a conflict of interest. There is no mechanism at present to restraint the central government in making appointments to the tribunals.
• Criteria for Appointment: There are no definite and prescribed criteria for the appointment of members and chairperson of the tribunals. The Supreme Court has recommended that only persons with a judicial background (High Court judges and lawyers with the relevant experience) should be considered for appointment as Judicial Members.
• Term of Office: Tribunal members and chairpersons are provided with a very short tenure of upto 3 years, with provisions of reappointment. It further increases the influence and control of the executive over the judiciary. During a short tenure, by the time the members achieve the required knowledge, expertise and efficiency, the term gets over. It prevents enhancement of adjudicatory experience.
• Inefficiency: Tribunals were setup to reduce the work load of judicial system. But tribunals have not been efficient in reducing the pendency of cases. For example, as of March 15, 2021, the central government industrial tribunal cum-labour courts had 7,312 pending cases, while the Armed Forces Tribunal had 18,829 pending cases. The Tribunals Reforms Act, 2021 has abolished nine tribunals and transferred their functions to High Courts, which added further to the pending cases in such High Courts.
• Lack of Human Resources: Several tribunals have vacancies, making them practically dysfunctional. As of March 3, 2021, there were 23 posts vacant out of total sanctioned strength (34) - of judicial and administrative members in Armed Forces Tribunal.

National Tribunal Commission - Streamlining the Tribunals System

An independent and impartial National Tribunals Commission will impact the functioning in the following ways-

• Giving the commission the authority to determine members’ salaries, allowances, and other service conditions would help maintain tribunals’ independence.
• An independent commission will bring uniformity in the appointment system their independence and transparency.
• A corporate structure of the commission with a Board, a CEO and a Secretariat will allow it provide requisite administrative support to all tribunals across the country.
• It will make way for the separation of the administrative and judicial functions of tribunals.
• It would take care of the administrative and infrastructural needs of tribunals, which would enhance the image of tribunals and instill confidence in the minds of litigants.

Formation of a National Tribunals Commission with a constitutional mandate will ensure the efficient and effective functioning of Tribunals in the country. It will rationalise the recruitment and appointments processes and assure an independent oversight mechanism to protect independence and impartiality of the tribunals.