SC slams functioning of tribunals, points out lack of accountability
The Supreme Court has strongly criticized tribunals nationwide. Judges stated these bodies have become a liability and a headache. Significant issues plague their functioning and the orders they issue. The court emphasized the need for new measure...
By ET Bureau |
New Delhi: Coming down heavily on tribunals spread across the country, the Supreme Court on Thursday said that they have become a "liability" for the judiciary and "headache" for the government due to "glaring issues" related to their functioning and the kind of orders they pass.
A Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi called for fresh measures to address the situation, saying it was not in the national interest that they were completely unaccountable at present.
"Tribunals were created by you (Central government). So it is your headache and a liability for us. Because now the kind of orders we are seeing, barring a few tribunals, these tribunals have become a no man's land. Thanks to the legislative regime... they (tribunals) are not accountable to the judiciary and not accountable to anyone on earth," the CJI told Attorney General R Venkataramani.
The CJI on Thursday also went on to reveal that a technical member of a tribunal had become infamous for outsourcing judgement writing.
Sending a stern warning that it will sack him at an appropriate time, the SC said that "I am waiting. I will sack that member. I am really perturbed. What audacity. What mess have we created. In the over-anxiety of not taking much burden, we have created this."
These judges in these tribunals don't learn any environmental law, commercial law and in the four years they are expected to become experts, the CJI said, adding that a completely new mechanism is required.
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The apex court had earlier asked the Central government to frame a uniform proposal on the functioning of tribunals across the country, stressing that these bodies cannot be allowed to become defunct.
The SC was hearing a petition by Madras Bar Association seeking extension of tenure of tribunal members in the wake of its judgement striking down the Tribunal Reforms Act, 2021, last year.
The court had then directed the Union government to constitute a National Tribunals Commission within four months. It said that it was not inclined to grant blanket extension to existing members, but was constrained to do due to the unfilling of the vacancies.
