18/05/2021 - Judiciary

KEY POINTS

·        The Ordinance Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance 2021 has met with sharp criticism for not only bypassing the usual legislative process, but also for abolishing several tribunals such as the Film Certification Appellate Tribunal without any stakeholder consultation.

·        Developing an independent oversight body for accountable governance requires a legal framework that protects its independence and impartiality.

·        In India, executive interference in the functioning of tribunals is often seen in matters of appointment and removal of tribunal members, as well as in provision of finances, infrastructure, personnel and other resources required for day-to-day functioning of the tribunals.

·        One of the main reasons that has motivated the idea of NTC is the need for an authority to support uniform administration across all tribunals.

·        The NTC could therefore pave the way for the separation of the administrative and judicial functions carried out by various tribunals.

·        A ‘corporatised’ structure of NTC with a Board, a CEO and a Secretariat will allow it to scale up its services and provide requisite administrative support to all tribunals across the country.

·        It could set performance standards for the efficiency of tribunals and their own administrative processes.

·        Administrative roles of the NTC include providing support services to tribunal members, litigants, and their lawyers.

·        For this purpose, it would need to be able to hire and supervise administrative staff, and to consolidate, improve, and modernise tribunals’ infrastructure.

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