Strengthening Indian tribunals is necessary: Supreme Court have stated to reconsider the Indian tribunals

The court heard a petition challenging the validity of the Tribunal Reforms Act, 2021, which also raised significant concerns about tribunals, including service conditions and personnel appointments.

First, what are tribunals?

Tribunals are quasi-judicial bodies established to resolve disputes over specific topics.

Constitutional recognition: The 42nd Amendment Act of 1976 established a new Part XIV-A to the Constitution, including Articles 323-A and 323-B.

Under Article 323A, Parliament may create administrative tribunals (federal and state) to hear matters pertaining to the employment and terms of service of public employees.

Parliament or state legislatures may establish tribunals in accordance with Article 323B by enacting laws on particular subjects (such as land and taxation).

Important matters in the functioning of the tribunal

The Supreme Court has emphasized time and again that factors such as "executive power over selection process" and the participation of technical members undermine tribunal independence.

Pending cases: For instance, the Armed Forces Tribunal had 18,829 pending cases as of 2021, while the central government's industrial tribunal/labor courts had 7,312 pending cases.

For instance, a lack of employees, vacant jobs, and poor working conditions are examples of infrastructure issues.

Overlapping Jurisdiction: Confusion arises when cases from regular courts and tribunals overlap.

To improve judicial independence, shield tribunal members from outside influence and ensure that selection panels have judicial dominance, the creation of an independent body called the National Tribunals Commission (NTC) to supervise the functioning of all Indian tribunals.

Enhancements in Staffing and Prompt Appointment: Assign tribunal workers on a deputation basis while they are working for the government.