The problems from which the judiciary is suffering, are being replicated with tribunals too, along with few other added problems. Analyze.

Tribunals or quasi-judicial bodies are constituted to reduce burden on courts and address issues like service disputes, environmental issues, insolvency resolution, etc.

Tribunal is replicating judicial problems:

• Tribunals are suffering due to pendency of cases just like the courts.
• Tribunals are unable to secure compliance with decisions, e.g. state governments not complying with the National Green Tribunal’s order.
• Tribunals face lack of manpower and funding, e.g. debt recovery tribunals.
• Time taken to constitute a tribunal is very long, e.g. River water dispute tribunal has been set up after a 10 year delay.

New problems added by tribunals:

• Separation of powers is violated with members of the executive discharging quasi-judicial functions while serving on tribunals.
• Conflict of interest – the central government constitutes most tribunals and is also the biggest litigant before them.
• Independence – tribunals lack the independence guaranteed to higher judiciary due to constitutional provisions.
• Burdening Supreme Court – there is a provision to directly appeal against decisions of some tribunals in the Supreme Court. Thus the Supreme Court is struggling to function as a constitutional court.
• Ethical lapses – E.g. Assam’s foreigners tribunal has declared people illegal immigrants without hearing them.

Way forward:

Rationalization of the tribunals is necessary to fulfill their envisaged objectives and reduce the burden on judiciary.

Topics: GS-II: Various Issues Related to Executive Judiciary in India • GS-II: Constitutional Statutory Regulatory and Quasi Judicial Bodies