Supreme Court Raises Alarm Over Tribunal Functioning and Accountability
The Supreme Court of India voiced profound concerns on Monday regarding the operational effectiveness and accountability mechanisms within various tribunals across the nation. A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi highlighted a critical lack of oversight, noting that chairpersons and members of these judicial bodies often continue in their roles despite demonstrated inadequacies in writing judgments or expediting case resolutions.
Accountability Vacuum in Tribunal System
"They cannot be put under the control of the government. They are not under judicial control. So, whom are they accountable to?" the bench remarked during deliberations on petitions challenging specific provisions of the Tribunal Reforms Act, 2021. The justices pointed out that numerous administrative members within tribunals have not authored a single judgment, describing this situation as "very concerning" for the integrity of the adjudicatory process.
The court emphasized that immediate action is required to establish a robust mechanism ensuring that tribunal members contribute meaningfully to judicial proceedings. "If they are incapable, they have no right to continue," the Chief Justice asserted, underscoring the urgency of addressing these accountability gaps before further legal testing of the existing law.
Government's Response and Proposed Amendments
Attorney General R Venkataramani informed the court that the government is actively finalizing certain amendments to the Tribunal Reforms Act of 2021. This legislation has faced challenges from various bar associations, which argue that it violates Supreme Court directives regarding five-year tenures and other service conditions, including the appointment of administrative members as tribunal heads.
Venkataramani assured the bench that these amendments would be formalized within the next six months. In the interim, he clarified that tribunal officials would not be required to demit office upon completing their four-year tenures, thereby preventing potential vacancies from disrupting tribunal operations. "There would thus be no problem of vacancies disrupting the working of the tribunals," he added, aiming to allay concerns about administrative continuity.
Court's Directive and Future Proceedings
The Supreme Court bench permitted the government to proceed with formulating the proposed changes to tribunal functioning. Simultaneously, it directed the petitioner bar associations to submit concrete suggestions for enhancing accountability among tribunal members. This collaborative approach seeks to integrate stakeholder input into the reform process.
Agreeing with the Attorney General's proposal, the court scheduled the next hearing for May, by which time the government is expected to have made substantial progress in drafting the amendments. This timeline allows for a balanced review of both immediate accountability measures and longer-term legislative reforms, ensuring that tribunal efficiency and judicial standards are upheld without unnecessary delays in case adjudication.
