On Friday, the Apex Court directed the Centre to constitute a National Tribunals Commission (NTC) which would act as an independent body to supervise appointments & functioning as well as take care of the administrative & infrastructural needs of tribunals across the country.

Stressing on the “imperative need” to ensure that tribunals discharge the judicial functions without any interference of the executive whether directly or indirectly, the Supreme Court said that till NTC is constituted, a separate wing in the Ministry of Finance shall be established to cater to the requirements of tribunals.

Observing that setting up of such commission would enhance the image of tribunals & instil confidence in the minds of litigants, a bench headed by Justice L Nageswara Rao said dependence of tribunals for all their requirements on the parent department would not “extricate them from the control of the executive”.

The bench, also comprising Justices Hemant Gupta & S Ravindra Bhat said that “Judicial independence of the tribunals can be achieved only when the tribunals are provided the necessary infrastructure & other facilities without having to lean on the shoulders of the executive. This can be achieved by establishment of an independent National Tribunals Commission as suggested above".

The observations by the Supreme Court came in its judgement delivered on a batch of pleas challenging the constitutional validity of the ‘Tribunal, Appellate Tribunal & other Authorities (Qualification, Experience & Other Conditions of Service of Members) Rules, 2020.

“The Union of India shall constitute a National Tribunals Commission which shall act as an independent body to supervise the appointments & functioning of tribunals, as well as to conduct disciplinary proceedings against members of tribunals & to take care of administrative & infrastructural needs of the tribunals, in an appropriate manner,” the bench said in its 68-page verdict.

The SC said that to stop the dependence of tribunals on their parent departments for routing their requirements & to ensure speedy administrative decision making, “as an interregnum measure, we direct that there should be a separate ‘tribunals wing’ established in the Ministry of Finance, Government of India to take up, deal with & finalize requirements of all the tribunals till the National Tribunals Commission is established.” It said that till amendments are carried out in 2020 Rules, the search-cum-selection committees should comprise of CJI or his nominee as the chairperson & others, including the outgoing chairman or president of the tribunal in case of appointment of chairman or president & secretary to the Ministry of Law & Justice.

It said that Rule 4(2) of the 2020 Rules shall be amended to provide that the search-cum-selection committee shall recommend the name of one person for appointment to each post instead of a panel of names for appointment to each post & another name may be recommended to be included in the waiting list.

The Bench said that “The chairpersons, vice-chairpersons & the members of the tribunal shall hold office for a term of five years & shall be eligible for reappointment. Rule 9(2) of the 2020 Rules shall be amended to provide that the vice-chairman, vice-chairperson & vice-president & other members shall hold office till they attain the age of sixty-seven years".

It said that the Centre shall make serious efforts to provide suitable housing to the chairman or president & other members of the tribunals & if it is not possible, the government shall pay the chairman or president & vice-chairman or vice-president an amount of Rs 1.5 lakh per month as house rent allowance & Rs 1.25 lakh per month for other members with effect from Jan 1, 2021.

The SC said that the 2020 Rules shall be amended to make lawyers with an experience of at least ten years eligible for appointment as judicial members in the tribunals & while considering their appointment, the search-cum-selection committee shall take into account the experience of the advocate at the bar & their specialization in the relevant branches of law. “Rule 8 of the 2020 Rules shall be amended to reflect that the recommendations of the search-cum-selection committee in matters of disciplinary actions shall be final & the recommendations of the search-cum-selection committee shall be implemented by the Central Government,” it said.

It directed that the Centre shall make appointments to tribunals within three months from the date on which the search-cum-selection committee makes recommendations.

It said any appointments made after the 2020 Rules came into force on Feb 12, 2020, shall be governed by it subject to modifications & appointments made under the 2020 Rules till the date of this verdict, shall not be considered invalid.

It said in case selection committees have made recommendations in accordance with the 2020 Rules, appointments shall be made within three months from today & shall not be subject matter of challenge on the ground that they are not in accord with this judgment.

It said chairpersons, vice-chairpersons & members of the tribunals appointed prior to Feb 12, 2020, shall be governed by the parent statutes & Rules as per which they were appointed. 

Source Link

Picture Source :