Working of Tribunals Flashcards
Why is it in news ?
Recently Law commission of Indian in its 272nd report laid out a detailed procedure for working of tribunals in India
History of Tribunals establishment ?
1) 42nd Amendment Act
2) Recommendation of Swaran Singh committtee
3) Art 323A and Art 323B
Diff btw Art 323A and 323B ?
323A - Administrative tribunals
323B - Tribunals of other matters
What are the key fields of recommendation from Law commission of India ?
1) Qualification of Judges
2) Appointment of Chairman and members of tribunals
3) Selection of members of tribunals
4) Tenure
Recommendations regarding qualification of judges ?
In case of transfer of jurisdiction of HC to a tribunal , members of the newly formed tribunal should possess qualifications as of judges of HC
Recommendations regarding appointments ?
Vacancies arising in the tribunal should be filled up quickly by initiating the procedure well in time, preferably within 6 months prior to occurence of vacancy
Recommendations regarding selection of members ?
1) Members selection should be impartial with minimal involvement of govt agencies as govt is a party in litigation
2) Seperate selection committee for both judicial and administrative members must be formed
Recommendations regarding tenure ?
1) Chairman should hold office for 3yrs or until 70yrs
2) Vice chairman and members for 3yrs or until 67yrs