The CII recommended amending Tribunal Reforms Act, 2021 to create a statutory central oversight body defining the mandate, structure, scope, and responsibilities.
- Such a central body could undertake functions like performance monitoring, coordination with the Search-Cum-Selection Committees, capacity building etc.
Need of Centralized Oversight Mechanism for Tribunals
- Fragmented Administrative Control: Over 16 central tribunals operate under different ministries which lead to lack of standardization and functional inconsistencies.
- Judicial Independence: Executive control over tribunal appointments and service conditions undermines the separation of powers. A centralized body would ensure transparent and merit-based appointments, shielding tribunals from executive influence.
- Uniformity: Currently, there is no uniformity in composition, selection process or qualifications of tribunal members.
- Improve Efficiency of tribunals: For unlocking substantial fiscal resources tied up in disputes and improving the overall ease of doing business.
- E.g., as of 31st December 2024, 6.7 trillion was pending resolution at the Income Tax Appellate Tribunal alone, which constituted nearly 57% of all ligated direct taxes amount in the country.
- Judicial Directions: Supreme Court in L. Chandra Kumar (1997) & Madras Bar Association (2020) cases emphasized the need for a central oversight body.
About Tribunals
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