- (1.) Restructuring of Tribunal System in the light of constitutional scheme as interpreted in decisions of this Court and the Expert Studies is the issue for consideration. Concept of Tribunals was evolved to decongest the court system and to provide speedy and inexpensive justice. Separation of powers and independence of judiciary are the constitutional concepts which have to be followed in setting up of Tribunals. Functioning of Tribunals is required to be reviewed on the test of speedy and inexpensive quality justice.
(2.) In R.K. Jain v. Union of India, (1993) 4 SCC 119, a Bench of this Court called for taking stock of the situation of working of Tribunals. It was observed that the personnel appointed to man the Tribunals discharge judicial/quasi judicial powers and thus, persons who adjudicate upon such powers must have legal expertise, judicial experience and legal training. Independence of judiciary is a must for fair justice. Institution of Tribunals being a substitute for courts could not be less effective than the courts to uphold faith of litigant public. The Court expressed anguish over ineffectivity of alternative mechanism for judicial review. It was observed that dispensing of justice by Tribunals leaves much to be desired. Remedy of appeal to this Court was costly and prohibitive and people in far flung areas could ill afford to reach this Court. Members of the Bar should be recruited to man the Tribunals and working of Tribunals may need fresh look and regular monitoring.
(3.) In L. Chandra Kumar v. Union of India, (1997) 3 SCC 261, a Bench of 7-Judges referred to the reports of Expert Committees and Commissions which dealt with the problem of arrears. 124th Report of the Law Commission (1988) analyzed the situation existing in High Courts and recommended specialized Tribunals. The Malimath Committee Report (1989-1990) noted that all the Tribunals inspired confidence in public mind on account of lack of competence, objectivity and judicial approach. Constitution, power and method of appointment needed to be reviewed. This Court noted that various Tribunals have evolved up to the expectations which is self evident and widely acknowledged. Drastic measures were required to elevate the standards. Exclusion of judicial review by High Courts and direct appeals to this Court was too costly and inaccessible and thus ineffective. The decisions of the Tribunals should be amenable to scrutiny before a Division Bench of the High Court. Short tenure of members of Tribunal was proper. Non judicial members must have judicial experience. There was need to review the competence of persons manning the Tribunals and oversight mechanism. Wholly independent agency was required for administration of all the Tribunals. A single umbrella organization could remove the ills of the present system;