Restructuring the Tribunal system

Restructuring the Tribunal system


Source- Livemint)


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

Download Daily Current Affairs of 19th May 2021

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