4 Nov 2023 : Daily Answer Writing
Mains Answer Writing
4-November-2023
Q1) Examine the importance of establishing a National Tribunals Commission in systematically reforming the tribunal system in India.
ANSWER:
- National Tribunals Commission will be a separate umbrella organization that would be in charge of regulating how tribunals operate. It will aid in the selection of members, disciplinary actions against them, and the administration and infrastructure requirements of the tribunals. In L. Chandra Kumar v. Union of India (1997), the notion of an NTC was initially put out as a result of the failure to accomplish the goal of effective conflict settlement.
CHALLENGES WITH TRIBUNALS
- Conflict of interest: They are governed by parent administrative ministries, and as such, facilities, infrastructure, and rule-making are at their whim. For instance, the committee responsible for choosing and reappointing members of the Armed Forces Tribunal includes the defense secretary.
- Qualification standards: The criteria established by the Supreme Court in its numerous decisions are not followed by the requirements relating to qualifications, appointment, tenure, etc.
- Variation in appointment: Different certification standards result in members with diverse competencies, levels of maturity, and positions, which is problematic.
- Jurisdiction of the High Courts: Bypassing the jurisdiction of High Courts has been the major criticism against the tribunal system in India.
- High pendency: An encouraging 94% of cases are successfully resolved by tribunals compared to the annual case filing rate. The tribunals are still overburdened with a backlog of cases, nevertheless.
- Vacancy: Another severe problem affecting the efficacy of tribunals is the large number of vacancies that are not filled for long periods.
IMPORTANCE OF NATIONAL TRIBUNAL COMMISSION
- Independent recruitment body: Since it will be an independent autonomous body Recruitment in tribunals will be free from any conflict of interest.
- Oversight of Tribunals: The NTC would ideally take on some duties relating to administration and oversight.
- Uniform administration: A key rationale for demanding the NTC is the need for an authority to support uniform administration across all tribunals.
- Separate administrative and judicial functions: The NTC could therefore pave the way for the separation of the administrative and judicial functions carried out by various tribunals.
- Independence of tribunals: It would be easier to keep tribunals independent if the NTC had the right to determine members’ pay, benefits, and other service conditions, subject to rules.
- Support services: Administrative roles of the NTC include providing support services to tribunal members, litigants, and their lawyers.
- Scaling up of services: A ‘corporatized’ structure of NTC with a Board, a CEO, and a Secretariat will allow it to scale up its services.
The National Tribunal Commission will protect the functional, operational, and financial independence of the tribunals across India. It will help in accomplishing the rapid justice delivery objectives that tribunals were initially created to accomplish.
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2. The Indian Institutes of Technology (IITs) are facing a number of challenges, including overexpansion, faculty shortage, and foreign adventures.
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3. Some Governors have been accused of using their discretionary powers to delay or block decisions and Bills passed by elected governments. Discuss the challenges posed by this trend and suggest measures to address them.
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4. Dam safety is a critical issue in India, given the large number of dams in the country. Discuss the challenges to dam safety in India and suggest measures to address these challenges.
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