Day 17 – Q 2.Critically evaluate the performance of tribunals as quasi-judicial bodies.
2. Critically evaluate the performance of tribunals as quasi-judicial bodies.
अर्ध-न्यायिक निकायों के रूप में ट्रिब्यूनल के प्रदर्शन का समालोचनात्मक मूल्यांकन करें।
Approach:
- Introduction- What are quasi-judicial bodies. Article 323A and 323B.
- Merits and demerits of tribunals
- Conclusion
Introduction:
Quasi-judicial bodies are such institutions which have power of enforcement of law but are not courts. These bodies can inquire, investigate, summon & award legal penalties to any administrative agency. Generally, these bodies have limited judiciary power in specialized areas such as NHRC/SHRC in human rights violation, CVC in corruption cases, NGT in environment cases, Income tax tribunals etc.
Article 323A and 323B of Indian constitution empowers Parliament and State legislature to establish tribunals.
Evaluation of performance:
Merits:
- Tribunals have reduced burden of cases on High courts and Supreme court. They have also provided path breaking judgements like NGT.
- Economic burden on litigants is reduced as cases in tribunals require little money and time as compared to courts and also are more accessible.
- Faster delivery of judgements.
- Provides scope for specialization. Eg- NGT can be chaired by an eminent environmentalist. This helps them judge the case in more refined manner. Since these bodies deal with specific jurisdiction, experts in the particular field work for dispute resolution. Thus, expertise is a major advantage.
Limitations:
- Lack of power to enforce the decree.
- Lack of infrastructure and man power.
- A person can again appeal in the court against the decision of the Quasi-Judicial body. This fades away the advantage of cost and time provided by the Quasi-Judicial body.
- Most of the appeals from tribunals goes directly to Supreme court bypassing high courts thereby disturbing the hierarchy.
- Lack of expertise.
- Many Quasi-Judicial bodies are suffering with lack of strength. Proper and quick investigation is not being done.
Conclusion:
The S Jaishankar committee in 2016 had proposed reduction of the number of tribunals from 36 to 17 and has sought reduction or restructuring of as many as 685 autonomous bodies or institutions. Legatt Committee in United Kingdom recommended that tribunals should be brought together into a single system, administered by a new Tribunals Service. India can learn from this to at least handle the staffing problem at the tribunals. Also, there is a need to provide adequate infrastructure to tribunals to enable them carry out their statutory mandate.
Best answer: Abhishek Singh
