06 · GS-II: Indian Constitution, Judicial Independence & Tribunals
Tribunals Reforms and Judicial Independence: Search-cum-Selection Committees, Executive Control and the Madras Bar Association Rulings
NEWS PEG
- A Supreme Court Constitution Bench heard challenges regarding persistent vacancies across statutory administrative and specialized appellate tribunals (NCLAT, NGT, ITAT, DRT, CAT).
- The Bench reiterated that the Madras Bar Association (2020 & 2021) judgments established the doctrine of Judicial Primacy in the Search-cum-Selection Committees for tribunal appointments, holding that executive control over tenure and service conditions undermines judicial independence.
- The Court directed the Union Government to establish an independent National Tribunals Commission (NTC) to function as a single-window umbrella body for transparent appointments, infrastructure management, and disciplinary oversight of all central tribunals.
STATIC FOUNDATION
- Part XIV-A of Constitution (42nd Amendment, 1976): Article 323A empowers Parliament to establish Administrative Tribunals for public service disputes; Article 323B empowers Parliament/State Legislatures to establish tribunals for other matters (taxation, foreign exchange, industrial disputes, land reforms).
- L. Chandra Kumar v. Union of India (1997): 7-judge bench held that power of judicial review of High Courts under Article 226/227 and Supreme Court under Article 32 is part of the Basic Structure; decisions of all tribunals are subject to scrutiny before a Division Bench of the High Court.
- Search-cum-Selection Committee Composition (Madras Bar Association): Must be headed by the Chief Justice of India or his nominee judge with a casting vote, ensuring judicial majority.
- National Tribunals Commission (NTC) Recommendation: Independent statutory body to oversee tribunal appointments, administration, budget, and performance evaluation.
PRELIMS TRAP & PYQ BRIDGE
MAINS ENHANCEMENT
- Institutional Autonomy of Tribunals: Insulating Tribunals from Parent Ministries — Eliminating conflicts of interest where the sponsoring ministry is also the primary litigant before the tribunal.
- Eliminating Vacancy Delays: Time-Bound Search-cum-Selection — Mandating appointment notifications within 3 months of vacancy emergence.
- Creating the National Tribunals Commission: Professionalizing Tribunal Administration — Establishing an autonomous body for unified infrastructure and budget management.