Restructuring the Tribunal system

19 May Restructuring the Tribunal system

(GS PAPER-2, TRIBUNALS

Source- Livemint)

 Context:

Tribunal reforms Ordinance 2021 promulgated by the president have been challenged in the supreme court.

 key points:

•  Ordinance seeks to dissolve certain existing appellate bodies and transfer their functions to other existing judicial bodies

• It abolished several tribunals such as film certification appellate Tribunal without any stakeholder consultation

• Despite the supreme court direction in Roja Mathew versus South Indian Bank no judicial impact assessment was conducted prior to abolishing the tribunal through this ordinance

• The ordinance has also fixed a four year tenure for chairperson and members of tribunals

• It has disregarded the court direction for fixing a 5 year term for chairperson and members

• The Centre has also not constituted the National tribunal Commission as proposed by the supreme court

 National Tribunal Commission:

•  The idea of a National Commission was first noted in L. Chandra Kumar versus Union of India case 1997

 Commission will act as an independent umbrella body to-

•  To supervise the functioning of tribunals, appointment of and disciplinary proceedings against members

• Take care of Administrative and infrastructural needs of the Tribunals

• Providing support services to tribunal members, litigants and their lawyers

-Khyati Khare

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