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Legal experts against increasing role of tribunals

| Monday | 20th March, 2017

Chandigarh: Two-day sessions on the concept of 'tribunalization' and the various issues affecting the functioning of various tribunals in India concluded on Sunday at the Mohali campus of the Indian School of Business , facilitated by the Progressive Lawyers Forum. Aspects of military justice reform, and ways and means to ensure its independence as expected in a democratic nation were also discussed. Jurists from outside India also provided their views about 'global best practices'. It was expressed that the 'burden' of regular judiciary cannot be used as a fig-leaf or excuse to transfer functions of proper courts to quasi-judicial departmental tribunals functioning under the executive, as it was against the concept of 'separation of powers'.Most participants felt the high courts must exercise an oversight on the tribunals. Participants also expressed that in order to ensure proper functioning of the existing tribunals, it was necessary to provide them better facilities and infrastructure, and also financial independence, besides placing them under a nodal agency of the law ministry, rather than parent ministries against which they are to pass orders.Jurists were also of the opinion that the requirement of technical or administrative members without any background in law was a highly debatable matter, which at times undermined the confidence of litigants.

Chandigarh: Two-day sessions on the concept of 'tribunalization' and the various issues affecting the functioning of various tribunals in India concluded on Sunday at the Mohali campus of the Indian School of Business , facilitated by the Progressive Lawyers Forum. Titled 'Tribunalization -- Testing Times', the sessions were not in a conference or seminar format, but more in the form of free-flowing conversations and informal discussions by experts, witnessing some very free and frank views by jurists, lawyers, academicians, and judges in attendance.Most participants were unequivocal in their views that India should move towards a more strengthened judiciary and a better number of judges, rather than transferring core judicial functions to other quasi-judicial bodies, which do not display the same independence as the regular judiciary. Participants also expressed that in order to ensure proper functioning of the existing tribunals, it was necessary to provide them better facilities and infrastructure, and also financial independence, besides placing them under a nodal agency of the law ministry, rather than parent ministries against which they are to pass orders.Jurists were also of the opinion that the requirement of technical or administrative members without any background in law was a highly debatable matter, which at times undermined the confidence of litigants. It was expressed that the 'burden' of regular judiciary cannot be used as a fig-leaf or excuse to transfer functions of proper courts to quasi-judicial departmental tribunals functioning under the executive, as it was against the concept of 'separation of powers'.Most participants felt the high courts must exercise an oversight on the tribunals. Jurists from outside India also provided their views about 'global best practices'. Aspects of military justice reform, and ways and means to ensure its independence as expected in a democratic nation were also discussed.

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