Roadmap for Answer Writing

1. Introduction: Set the Context (40-50 words)

• What are Tribunals? Begin by briefly explaining what tribunals are, their constitutional basis, and their purpose. Mention the constitutional amendments and their role in easing the burden on the judiciary.Example:
  “Tribunals in India, established under the 42nd Amendment of the Constitution (Article 323A and 323B), were intended to reduce the burden on regular courts and provide speedy and specialized justice in specific areas. However, despite these objectives, they have encountered a variety of challenges.”

2. Historical Context and Purpose (40-50 words)

• Purpose of Tribunals
  Explain the reasoning behind their creation. Tribunals were meant to expedite case resolution and reduce the pressure on the judicial system.Example:
  “The primary objective of establishing tribunals was to reduce case pendency in courts, enhance specialized adjudication, and provide cost-effective solutions for various sectors such as administrative, tax, and labor disputes.”

3. Main Body: Challenges Faced by Tribunals (200-220 words)

Break the main body into specific challenges, providing relevant facts and examples to substantiate each point.

a. Violation of Separation of Powers (40-50 words)

• Government Control in Appointments
  The government appoints tribunal members, raising concerns about the violation of the separation of powers doctrine.Fact:
  The selection of members by the executive, particularly in tribunals where the government is a party, undermines judicial independence. This is seen as an encroachment on the judiciary’s domain (Source: Constitutional Law of India by H.M. Seervai).

b. High Pendency of Cases (40-50 words)

• Backlog of Cases
  Despite their aim to reduce backlog, tribunals themselves suffer from high case pendency due to inefficiencies and other systemic issues.Fact:
  As of December 31, 2022, there were over 80,000 cases pending in various benches of the Central Administrative Tribunal (Source: Annual Report of the Central Administrative Tribunal, 2022).

c. Vacancy and Dysfunctional Benches (40-50 words)

• Vacancies Leading to Dysfunction
  Vacant positions within tribunals lead to delays and dysfunction in their operations, affecting the timely resolution of cases.Fact:
  As of March 2021, there were 23 vacant posts in the Armed Forces Tribunal, causing significant delays in the adjudication process (Source: Ministry of Defence Annual Report).

d. Compromising Judicial Independence (40-50 words)

• Appointments of Retired Judges and Bureaucrats
  The trend of appointing retired judges and bureaucrats to tribunals may undermine judicial independence and objectivity.Fact:
  Concerns have been raised about political influence in tribunal appointments, which could undermine their impartiality (Source: Indian Journal of Public Administration).

e. Lack of Uniformity (40-50 words)

• Inconsistent Practices Across Tribunals
  Tribunals operate under different ministries, leading to inconsistencies in their functioning, such as in service conditions, tenure, and reappointment policies.Fact:
  The Law Commission of India noted that lack of uniformity in governance and operational standards hampers effective functioning of tribunals.

4. Way Forward/Solution (40-50 words)

• Suggestions for Improvement
  Offer practical suggestions to overcome these challenges, including increased autonomy for tribunals, an impartial selection process, and the establishment of a National Tribunals Commission (NTC) to regulate their functioning.Example:
  “To improve the effectiveness of tribunals, it is essential to establish a National Tribunals Commission (NTC) to regulate their functioning and ensure uniformity. Appointments should be apolitical and made by an independent body, ensuring judicial independence and efficiency.”

5. Conclusion (30-40 words)

• Summarize the Core Idea
  Conclude by summarizing the key challenges and reinforcing the need for reforms to enhance the effectiveness of tribunals in India.Example:
  “While tribunals serve an important function in easing the judiciary’s workload, they face several operational challenges that require immediate attention. Addressing these issues will ensure tribunals fulfill their intended purpose of delivering justice efficiently.”

Relevant Facts to Use in the Answer

1. Tribunal Establishment and Purpose:
   • The 42nd Amendment Act (1976) created tribunals under Articles 323A and 323B of the Indian Constitution to reduce the workload of courts.
   • Tribunals were set up for specific areas like administrative law, taxation, and labor disputes.
2. Challenges with Separation of Powers:
   • Government-appointed members and chairpersons undermine the judicial independence of tribunals.
   • The Law Commission and legal scholars argue that the executive’s role in appointments conflicts with the separation of powers doctrine (Source: Constitutional Law of India by H.M. Seervai).
3. Pendency of Cases:
   • The Central Administrative Tribunal had 80,545 pending cases as of December 31, 2022 (Source: Annual Report of the Central Administrative Tribunal, 2022).
   • Despite their purpose of expediting justice, tribunals struggle with inefficiencies, delays, and absenteeism of members.
4. Vacancy Issues:
   • As of March 2021, 23 posts were vacant out of the 34 sanctioned positions at the Armed Forces Tribunal (Source: Ministry of Defence Annual Report).
5. Judicial Independence:
   • The practice of appointing retired judges and bureaucrats to tribunal positions risks compromising impartiality and judicial independence (Source: Indian Journal of Public Administration).
6. Non-Uniformity Across Tribunals:
   • Tribunals operate under different ministries, resulting in inconsistent service conditions, tenure, and reappointment procedures, which hinder their effectiveness (Source: Law Commission Report).