In a significant verdict that will have implications to the appointment and administration of members to quasi-judicial bodies, the Supreme Court on Friday directed the constitution of a National Tribunal Commission (NTC) which will act as an independent body to supervise the appointments and functioning of Tribunals. However, Till this commission is constituted, a separate wing in the Ministry of Finance, Government of India shall be established to cater to the requirements of the Tribunals.
Highlighting the importance of an independent judiciary, the top court said, "Dispensation of justice by the Tribunals can be effective only when they function independent of any executive control…".
"We have noticed a disturbing trend of the Government not implementing the directions issued by this Court. To ensure that the Tribunals should not function as another department under the control of the Executive, repeated directions have been issued which have gone unheeded…" the top court added. "It is high time that we put an end to this practice."
The court observed that it was asked to, "once again, within the span of a year" decide the constitutionality of various provisions concerning matters relating to various tribunals. Rules framed by the Centre are completely contrary to the directions issued by this Court, it added, further noting that "the judicial system and this Court, in particular, has to live these déjà vu moments, time and again (exemplified by no less than four constitution bench judgments) in the last 8 years, speaks profound volumes about the constancy of other branches of governance, in their insistence regarding these issues".
"The involvement of this Court, in the series of decisions, rendered by no less than six Constitution Benches, underscores the importance of this aspect. The role of both the courts as upholders of judicial independence, and the executive as the policy-making and implementing limb of governance, is to be concordat and collaborative. This Court expects that the present directions are adhered to and implemented, so that future litigation is avoided," the judgment read.
Important guidelines and modifications for 2020 Rules
The three-judge bench of the Supreme Court comprising Justices L Nageswara Rao, Hemant Gupta and S Ravindra Bhat upheld the constitutional validity of the "Tribunal, Appellate Tribunal and other Authorities [Qualification, Experience and Other Conditions of Service of Members] Rules, 2020" with a few modifications.
One of the significant amendments includes the eligibility of advocates with 10 years' experience as judicial members of tribunals. Members from the Indian Legal Service (ILS) will also be similarly eligible provided they fulfil the criteria set for advocates.
The Supreme Court stressed that the lack of personnel in the tribunals was resulting in pendency of cases. "There is imminent need for expediting the process of selections and appointments to ensure speedy justice," the top court said introducing a three-month deadline for appointments once the selection and recommendation were made.
These rules will come into effect from February 12, 2020. Any appointments made prior this date will be in accordance with the parent statute and rules according to which they are were appointed.
This commission will also conduct disciplinary proceedings against members of Tribunals and take care of the administrative and infrastructural needs of the Tribunals.