The Supreme Court in August 2016, made a reference with regards to ample of appeals pending in the apex court against the tribunal decisions. It referred the matter to the Law Commission of India stating that it completely depends upon discretion exercised by the court on account of exercising Article 136 liberally. In addition, it stated that their point of view is just limited to the cases not affecting public interest or national interest or any other statutory framework with respect to the tribunals.
In view of the above, the Law Commission published a report recommending a series for contouring the working of 26 tribunals. In a reply to a question by the top court, the commission said that the tribunals are only supplemental to High Courts and not the substitute.
Earlier, there were several quasi-judicial institutions in form of tribunals which used to deal with specific areas of work, which have been brought down by the government. Along with it, different ministries control different set of tribunals, in response to which the commission in its report has suggested the government to create a single nodal agency for each tribunal.
The tribunals comprise of retired Supreme Court or High Court judges as chairpersons and judicial members. The report also suggested to bring in uniformity in appointment of chairpersons and judicial members who are either retired Supreme Court or a High Court judges. It also asked to fix their tenure for a period of 3 years which would be non-extendable in nature.
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