Bankers' Books Evidence Bill, Tribunals Reforms Bill: Parliament gets it right amid the standoff

Parliament has cleared two pieces of legislation despite an ongoing political standoff, emphasising GoI's commitment to 'ease of doing business'. Bankers' Books Evidence Bill sets out procedure for digital bank records to be admitted as evidence in court. Tribunals Reforms Bill establishes a regulatory framework to insulate tribunals from executive influence and establish greater accountability.

The two Bills were overdue. Bank records are predominantly paperless, which rendered the 19th-c. law irrelevant. Reforms needed in operation of tribunals were flagged by Supreme Court in 2021 to set up an independent body for appointments, infra and control of special courts. That the Bills made it through despite the ongoing slugfest in Parliament is welcome.

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Certified copies of physical bank records have been used as evidence in legal proceedings since the 1891 law was enacted. The law did away with the need for original bank records being produced, so long as the copies were made available in a prescribed format.

No such format exists for digital records, and the Bill standardises how these are to be presented in court. This is big deal. By allowing electronic records, commercial litigation will be streamlined, over cases, say, involving bounced cheques. Legislative clarity should ease pressure on legal infrastructure.

A 7-judge bench of Supreme Court has ruled in favour of oversight independent of government for tribunals, so that they can exercise their authority. A clutch of permanent tribunals dealing with a host of areas - from bankruptcy to environment - face challenges in discharging their duties because of heavy-handed executive control.

Also read: Parliament passes Bankers' Books Evidence Bill to recognise digital banking records as legal evidence

The second Bill aims to change that with the creation of an independent commission that will oversee appointments, tenures and vacancies. The basic premise is to ensure a workable division of powers between the executive and judiciary in these quasi-legal bodies. Tribunals serve as a crucial mechanism for specialised legal services, and the Bill should aid them in their job.