District judges may get powers of tribunals

NEW DELHI: In a bid to integrate tribunals and commissions, scattered across states, with the existing judicial mechanism, the Union government and the Supreme Court are considering vesting powers of tribunals and commissions in sitting judges.

The government and the apex court feel that district judges should be empowered to decide on matters dealt by tribunals and commissions that have overlapping jurisdictions and are manned by retired persons.

Also, by granting more powers, the government and the SC want to increase accountability of judges while deciding on matters expeditiously.

The appellate forum against decisions by the district judges could also be provided in a high court. This way, the SC would not be burdened with the additional appeals against decisions of tribunals.


This idea was firmed up at a recent meeting attended by top officials from the Prime Minister’s Office, ministries of finance, revenue and law, Department of Personnel and Training (DoPT) and two SC judges.

ET has exclusively accessed the minutes of the meeting.

"Perusal of available pendency and disposal figures show that many tribunals are unnecessary as pendency is insignificant," the members observed. It was further recorded that the disposal figure of tribunals was also 'insignificant in comparison with the average disposal of judicial officers'.

A parallel was drawn between the 'disciplinary control' over judges and chairmen of tribunals. 'Mechanism for disciplinary control and accountability at tribunals was inadequate compared to the disciplinary control and accountability of the judicial cadres subordinate to HCs," the minutes of the meeting read. It was thus necessary, the minutes further read, to amalgamate the tribunals and/or to have single-tier or multi-tier cadre of officers to man such tribunals. "Such cadre should be under the superintendence and control of the HCs," it said. Significantly, the government and SC have reasoned that "short-term appointment of retired personnel may not be desirable".

Citing the difficulties being faced by the litigants in visiting tribunals, it has been observed that excluding jurisdiction of all other courts by having seat of the tribunal only at one place in the country (such as TDSAT) or at one place in the state (such as AFT/CAT) makes access to justice difficult.

A litigant having a dispute relating to TDSAT has no remedy except coming to Delhi. Likewise, an ex-serviceman pensioner has to travel a long way for a small dispute, as location of Armed Forces Tribunals is only at selected places.

It has been suggested that functions of tribunals could be "conferred on the members of the cadre who may be easily accessible in terms of distance". It has been further suggested that suitable qualifications for persons to be appointed to such cadres can be prescribed.

It has been further proposed that "disposal targets" can be provided to "tribunals" and their "efficiency, discipline and integrity" can be monitored by high court(s).

Further, to accomplish the goal of fast justice, it has been suggested that only revisions shall be made available in respect to small claims. And remedy of an appeal shall lie only in cases requiring a trial procedure.