The Supreme Court raised two urgent concerns regarding the functioning of tribunals during its March 3 proceedings. (Source: Live Law)
Key Issues Flagged by the Supreme Court
- Staff Appointment Method: The Court stressed that tribunal staff should be appointed on a deputation basis rather than through contractual arrangements. It also suggested considering the engagement of retired government officers to ensure stability and adherence to established protocols.
- Service Conditions: The Supreme Court highlighted that the service conditions of tribunal staff need immediate attention, implying that existing arrangements might undermine efficiency and reliability.
About Tribunals in India
- Establishment of Tribunals:
Tribunals are judicial or quasi-judicial bodies created by law. Their foundation was laid in 1976 when the 42nd Amendment to the Constitution introduced Articles 323A and 323B.- Article 323A: Empowered Parliament to set up administrative tribunals for issues related to the recruitment and service conditions of public servants.
- Article 323B: Outlined specific subjects like taxation and land reforms for which tribunals could be established by either Parliament or state legislatures.
- Expansion and Function:
In 2010, the Supreme Court clarified that Article 323B does not limit tribunals to just the enumerated subjects; legislatures can establish tribunals on any subject within their jurisdiction as per the Seventh Schedule of the Constitution.- Some tribunals function as substitutes for High Courts, with their decisions being appealable directly to the Supreme Court (e.g., the Securities Appellate Tribunal).
- Others operate as subordinate bodies under High Courts (e.g., the Appellate Board under the Copyright Act, 1957).
- Recent Developments: The Finance Act, 2017, consolidated several tribunals. Moreover, a Bill introduced in 2021 aims to abolish nine tribunals and revert their matters back to the courts, reflecting ongoing changes in the judicial framework.
