Model Answer

Challenges Faced by Tribunals in India

Tribunals were introduced in India through the 42nd Amendment of the Constitution under Articles 323A and 323B to reduce the burden on the judiciary and expedite the resolution of disputes. However, while tribunals aimed at easing judicial congestion, they have encountered significant challenges over the years.

1. Violation of Separation of Powers

One of the major concerns surrounding tribunals in India is the appointment process of tribunal members. The central government appoints the Chairperson and other members, which leads to a perceived breach of the separation of powers. Judicial independence is compromised when the executive is involved in judicial appointments, especially in cases where the executive itself is a party to the dispute (Source: Constitutional Law of India by H.M. Seervai).

2. High Pendency of Cases

Despite being established to address case backlog, tribunals themselves are burdened with a high pendency of cases. For instance, as of December 2022, over 80,000 cases were pending before various benches of the Central Administrative Tribunal (Source: Annual Report of the Central Administrative Tribunal, 2022). This backlog is a result of systemic inefficiencies, absenteeism, and overwork of tribunal members.

3. Vacancy and Dysfunctional Benches

Vacancies in tribunals are another significant problem. As of March 2021, the Armed Forces Tribunal had 23 vacant posts out of a sanctioned strength of 34 members, rendering several benches dysfunctional (Source: Ministry of Defence Annual Report). This hampers the tribunals’ ability to function effectively and delay justice.

4. Impact on Judicial Independence

The frequent appointment of retired judges and bureaucrats to tribunal positions has raised concerns about the loss of judicial independence. These appointments, often influenced by political considerations, may compromise the objectivity of decision-making (Source: Indian Journal of Public Administration).

5. Non-Uniformity Across Tribunals

The lack of uniformity in the functioning of various tribunals—especially concerning service conditions, tenure, and reappointment processes—adds to the complexity of their administration. Tribunals operating under different ministries face challenges due to inconsistent governance standards (Source: Report of the Law Commission of India).

Conclusion

To address these challenges, it is essential to ensure tribunals’ autonomy, impartial appointments, and uniformity across different bodies. Additionally, a National Tribunals Commission could provide a regulatory framework to enhance the effectiveness and independence of tribunals in India.

Model Answers

Introduction: Separation of Powers in India

The doctrine of separation of powers is a foundational principle of the Indian Constitution. It ensures that each branch of government—Legislature, Executive, and Judiciary—operates independently without infringing upon the functions of the others. Articles 122, 121, and 212 provide mechanisms to maintain this separation between the Legislature and Judiciary, with the aim to prevent judicial overreach.

Judicial Activism and Its Impact

Despite these constitutional provisions, judicial activism in India has often blurred the lines between the roles of the Legislature and the Judiciary. Judicial activism refers to instances where the judiciary intervenes in matters traditionally within the domain of the legislature, arguing that the courts have a role in addressing issues of public concern.

Public Interest Litigations (PILs)

Judicial activism in the form of Public Interest Litigations (PILs) has seen the judiciary stepping into legislative roles. For example, in Vishaka vs. State of Rajasthan (1997), the Supreme Court laid down sexual harassment guidelines for workplaces, assuming a legislative function until Parliament passed a law. This was viewed as the judiciary encroaching upon the legislative domain.

Law-making and Judicial Review

Another example of judicial activism is the Kesavananda Bharati (1973) case, where the Court limited Parliament’s power to amend the Constitution, invoking the “basic structure” doctrine. Similarly, in striking down the National Judicial Appointments Commission (NJAC) Act, the Supreme Court intervened in a matter that could be considered the domain of the legislature.

Conclusion: Judicial Overreach and the Thin Line

While judicial activism can play a crucial role in enforcing constitutional principles and protecting citizens’ rights, it raises concerns about judicial overreach when the judiciary impinges upon legislative powers. Therefore, maintaining a balance is essential for upholding the principle of separation of powers in India.

Sources:

• Vishaka vs. State of Rajasthan (1997)
• Kesavananda Bharati vs. State of Kerala (1973)
• NJAC Case (2015)

Model Answers

Key Features of the Gram Nyayalayas Act, 2008

The Gram Nyayalayas Act, 2008 was established to create grassroots-level courts aimed at improving access to justice in rural areas. Key features include:

1. Establishment: Gram Nyayalayas are to be set up for every intermediate-level Panchayat or for contiguous Panchayats in a district (Source: Gram Nyayalayas Act, 2008).
2. Judicial Authority: They function as courts of Judicial Magistrate of the first class, with presiding officers (Nyayadhikaris) appointed by the state government in consultation with the High Court (Source: Act provisions).
3. Mobile Courts: These courts have the flexibility to operate in villages, ensuring justice is brought to the doorstep of citizens (Source: Act details).
4. Jurisdiction: They handle both criminal and civil matters as specified in the First and Second Schedules of the Act (Source: Act specifications).
5. Procedural Flexibility: The Gram Nyayalayas are guided by principles of natural justice and are not strictly bound by the Indian Evidence Act, 1872 (Source: Act provisions).

Significance of Gram Nyayalayas

1. Access to Justice: The Act supports Article 39A of the Constitution, which mandates that the legal system should promote justice and provide free legal aid, particularly for the economically disadvantaged (Source: Constitution of India).
2. Simplification of Procedures: Gram Nyayalayas contribute to the government’s efforts to streamline judicial processes and integrate alternative dispute resolution methods (Source: Government initiatives).
3. Speedy Justice: Based on the Law Commission’s recommendations, these courts aim to deliver swift, cost-effective justice to the common person (Source: 114th Law Commission Report).
4. Affordable Justice: By bringing justice to rural populations, Gram Nyayalayas address the aspirations of poorer communities for accessible and effective legal recourse (Source: Community feedback).

Conclusion

The Gram Nyayalayas Act, 2008 plays a crucial role in enhancing access to justice for marginalized groups, promoting equality in legal representation, and ensuring that justice is both affordable and expedient for rural citizens.