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TMI Blog2018 (5) TMI 726X X X X Extracts X X X X X X X X Extracts X X X X ..... n on which it is given to the members of Higher Judicial Service. The issues may require urgent setting up of a committee, preferably of three members, one of whom must be retired judge of this Court who may be served in a Tribunal. Such Committee can have inter action with all stakeholders and suggest a mechanism consistent with the constitutional scheme as interpreted by this Court in several decisions referred to above and also in the light of recommendations of expert bodies. To consider the matter for further, list on Thursday i.e. 10th May, 2018 as prayed by learned Attorney General. - Special Leave Petition (Civil)No. 15804 of 2017 - - - Dated:- 7-5-2018 - MR. ADARSH KUMAR GOEL AND MS. INDU MALHOTRA, JJ. ORDER 1. Restructuring of Tribunal System in the light of constitutional scheme as interpreted in decisions of this Court and the Expert Studies is the issue for consideration. Concept of Tribunals was evolved to decongest the court system and to provide speedy and inexpensive justice. Separation of powers and independence of judiciary are the constitutional concepts which have to be followed in setting up of Tribunals. Functioning of Tribunals is req ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent agency was required for administration of all the Tribunals. A single umbrella organization could remove the ills of the present system Para 96. 4. In Union of India versus R. Gandhi, President Madras Bar Association (2010) 11 SCC 1, the Constitution Bench observed that if Tribunals are to be given judicial power which was earlier exercised by courts, they must possess independence, security and capacity associated with courts. When the jurisdiction from courts is transferred to tribunals, members of judiciary should be the presiding officers/members such as Rent Tribunals, Motor Accident Claims Tribunals and Special Courts. Provision for technical members in addition to or substitution of judicial members would be a case of dilution of and encroachment upon independence of judiciary Para 90. Technical members could be in addition to judicial members only when a specialized knowledge or expertise was a must. The legislature could constitute Tribunals but there is limitation of power on the legislature to prescribe qualifications and such limitation has to be read into the competence of the legislature to provide such qualifications Para 93. Standards expected from judicial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nals were reiterated Paras 27 and. 7. In Gujarat Urja Vikas Nigam Limited versus Essar Power Limited 28 (2016) 9 SCC 103 , the observations in earlier judgments in L. Chandra Kumar and Madras Bar Association (supra) were reiterated to the effect that remedy of appeal to this Court was too costly and inaccessible. Further, overcrowding of docket of this Court obstructed key constitutional role of this Court. Composition of the appellate Tribunal dealing with questions of law being manned by non judicial members was not desirable which called for a review of composition of such Tribunals Paras 30-40. Accordingly, this Court framed certain questions to be examined by the Law Commission. The Law Commission has submitted its 272nd Report inter alia recommending restructuring of Tribunals so as not to provide direct appeal to this Court. It was also observed that the manner of appointment, eligibility, tenure and other privileges of persons manning Tribunals must be at par with the persons manning courts sought to be substituted. The selection procedure must ensure independence of judiciary. All Tribunals should be placed under a single umbrella for proper monitoring. 8. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -filing and such other services as may facilitate a party for participation in proceedings. This may enhance access to justice and obviate need for travelling long distances, particularly if such parties are in remote areas. iii) Whether in absence of availability of suitable persons of statutorily prescribed qualifications to man Tribunals/Commissions, pending filling up of vacancies, such Tribunals/Commissions can be manned by existing courts 3 in consultation with the High Courts. Needless to say that servicing officers are duly selected and accountable in the matter of performance and discipline. iv) Whether power of Commissions/Tribunals having overlapping jurisdiction such as Human Rights Commissions, having only one seat in a State, can be conferred on specified courts in one or more districts, in addition to or in substitution of such Commission, so as to make access to justice available at the grass root. 13. Accordingly, an affidavit has been filed by the Union of India. The affidavit inter alia refers to Finance Act, 2017 dealing with the appointment procedure for the Tribunals and a petition challenging the same in this Court. It is submitted that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17. The NTC should oversee functioning of central Tribunals and similar body may be constituted for State tribunals. The NTC should deal with appointment and removal of members of the Tribunals by constituting sub committees. The concept note also deals with further details on the subject. Further suggestion is that the member of the Tribunals should be recruited by national competition. Once recruited they should continue till the age of 62/65 years subject to their efficiency and satisfactory working. The Tribunals should not be heaven for retired persons and appointment process should not result in decisions being influenced if the Government itself is a litigant and the appointing authority at the same time. There should be restriction on acceptance of any employment after retirement. There is also suggestion that bypassing of High Court jurisdiction under Article 226/227 needs to be remedied by statutory amendment excluding direct appeals to this Court. There should be proper mechanism for removal of members. 18. We broadly approve the concept of having an effective and autonomous oversight body for all the Tribunals with such exceptions as may be inevitable. Such body sho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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