Summary
In its 7 May 2018 order on tribunal restructuring, the Supreme Court broadly approved the concept of an effective autonomous oversight body and identified regular recruitment cadres, independent supervision, accessible benches and reform of direct Supreme Court appeals as issues requiring consideration. It proposed an urgent, time-bound committee exercise involving stakeholders and listed the matter for 10 May 2018. The order did not finally establish the proposed National Tribunal Commission or determine the pending challenge to the Finance Act, 2017.
Issues
- What structural reforms required consideration to secure tribunal independence and accessible justice.
- How further examination of recruitment, oversight, appeals and geographical access should proceed.
Held
- Tribunals exercising judicial functions must preserve judicial independence and provide speedy, inexpensive and effective justice. The Court reviewed precedent and expert reports against concerns about appointments, short tenure and inaccessible direct appeals. (¶¶ 1, 2, 3, 4, 5, 6, 7)
- The Union’s response focused on Debt Recovery Tribunals rather than all the issues raised. The amicus identified missing comparable data on institution, disposal and duration of pendency in the figures offered to establish tribunal efficiency. (¶¶ 13, 14, 15)
- The Court broadly approved the concept of an effective autonomous oversight body, subject to inevitable exceptions. Recruitment, performance and discipline required independent oversight, while a regular tribunal cadre merited consideration. The detailed National Tribunal Commission composition remained a proposal from the amicus. (¶¶ 16, 17, 18)
- The four principal reform issues were regular cadres and recruitment eligibility; autonomous recruitment and disciplinary oversight; reform of direct appeals so tribunal decisions were subject to High Court jurisdiction; and convenient benches or conferment of jurisdiction on existing courts. (¶ 19)
- The Court proposed urgent constitution of a preferably three-member committee including a retired Supreme Court judge, stakeholder consultation and a time-bound examination consistent with constitutional precedent and expert recommendations. Further consideration was listed for 10 May 2018. (¶ 20)
Result
Interlocutory reform directions and issues recorded; matter listed for 10 May 2018 for further consideration. No final establishment of the proposed oversight commission or adjudication of the Finance Act challenge in this order.