Highlighting the key provisions of The Tribunals Reforms Bill, 2021, discuss whether it can help in addressing the issues pertaining to tribunals in India.
Main Body
The 122nd Constitutional Amendment Act added Article 32-A and 32-B and made Tribunals as part of the constitution. Finance Minister recently tabled Tribunals Reform Bill 2021 with following key provisions: (1) Dissolution of some existing bodies eg Film certification Appellate Tribunal. (2) Merging of some tribunals eg Competition Appellate merged with NCLAT. (3) Search-cum-selection committee to appoint & remove tribunal members. Consist of CSJ, 2 Secretaries nominated by central Gov, sitting chairperson, secretary of ministry under which tribunal made.
Issues with tribunals in India: (1) Independence - Recently government make appointments. (2) Search-cum-selection committee can solve the issue. Law Commission also recommended formation of committee consisting of members of both executive & judiciary. (3) Functioning - huge burden of cases, lack of infrastructure, unsatisfactory service condition, delays by lawyers. This area need further reforms. (4) Vacancy - Law commission recommend - filling of vacancy to start 6 months prior. Needs address.
Conclusion
Tribunals are a great arrest to the judicial system. They help overburdened courts share some responsibilities with tribunals, which need further reforms as suggested by Law Commission
27 words
Surabhi Yadav
Separation of Powers and Dispute Redressal Mechanisms
Tribunals
Tribunals Reforms Bill 2021
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analytical
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