Unlike courts, the role and responsibility of tribunals is directly linked to and is subordinate to executive.. Do you agree? Explain.
Published: December 28, 2016
The government role in formation, manning, and administration of tribunals has affected the effectiveness of Tribunal as an adjudicating body.It is directly linked and is subordinate to the executive
1. Appointment of Tribunal
The Executive’s role in the appointment of heads of judicial tribunals has violated the principle of separation of power.
2. Enforcement of its order
- Unlike court who can enforce their order under Article 142 of the constitution ,tribunal does not have enforcement power.
- It has to depend on executive who notifies it’s order.For Example in case of Inter -state River dispute ,the award of Tribunal is enforced by the order of executive.
3. Autonomy of Tribunal
- Tribunal are under the direct administrative control of minister who administer their day to day functioning which influence their decision .For example debt recovery tribunal is directly under the control of Ministry of finance
- The efficiency of a tribunal is often linked to the efficiency, interest and seriousness that the incumbent minister holds for the quasi-judicial functioning in her ministry.
4. Superficial body
- Tribunals were envisaged to reduce the burden of judiciary but the appeal from tribunal has further burdened the court.
- The Tribunals in their present form do not inspire confidence of stakeholders and end up as post-retirement sinecures or a case of ‘dangling carrots’ rather than the noble aim of rendering justice in the form of public service to the community.
Model Questions Category: 041 - Constitutional Statutory Regulatory and Quasi Judicial Bodies