NEW DELHI: Though it struck down the
National Judicial Appointments Commission, the
Supreme Court is ready to consider a similar mechanism for appointments to tribunals to declog the court system and deliver speedy and inexpensive justice.
The Supreme Court has decided to undertake a comprehensive reevaluation of functioning of tribunals, appointment of members and their supervision and on the table is the 74th report of the parliamentary standing committee which recommended creation of a
National Tribunal Commission (
NTC).
On the lines of the NJAC that was held to be unconstitutional in October 2015 by a five-judge Supreme Court bench, the NTC provides for selection of its members (two retired SC judges, two retired HC judges and three chosen by the executive) by a committee comprising the Chief Justice of India, two most senior SC judges, the law minister and leader of the opposition.
Amicus curiae Arvind Datar suggested setting up of an
All India Tribunal Services on the pattern of the UK, through which members of tribunals can be drawn from serving officers in higher judicial service or could be directly recruited through a national competitive examination.
A bench of Justices Adarsh Goel and Indu Malhotra said: "We broadly approve the concept of having an effective and autonomous oversight body for all tribunals with such exception as may be inevitable. Such a body should be responsible for recruitments and oversight of functioning of members of tribunals. Regular cadre for tribunals may be necessary."
After hearing Datar and AG K K Venugopal, the bench formulated four issues to be taken up for consideration: Creation of a regular cadres laying down eligibility for recruitment for tribunals; setting up of an autonomous oversight body for recruitment and overseeing performance and discipline of those selected and other related issues; amending the scheme of direct appeals to this court so that orders of tribunals are subject to jurisdiction of HCs; making benches of tribunals accessible to common man at convenient locations instead of having only one location in Delhi or elsewhere. In the alternative, conferring jurisdiction on existing courts as special courts or tribunals may be considered.
