Mentors Comment:
Give a brief introduction about Tribunals.
Enumerate issues associated with functioning of tribunals.
Mention solutions to address the issues.
Answer:
Tribunals were originally set up to provide specialized and speedy delivery of justice to reduce the burden of caseloads on regular courts. However, the functioning of tribunals has been sub-optimal due to the various reasons.
Issues with the tribunals:
Lack judicial independence: appointments to tribunals by executive is non-transparent. Their funds and functionaries are regulated by executive thus undermining judicial independence.
Many tribunals often act as extended office of concerned departments manned by officials rather than judicial members.
Access to justice: as tribunal benches are located at few locations, it possess inherent difficulty for many litigants.
Infrastructure: inadequate workforce and infrastructure; lack of information available on the functioning of tribunals due to unresponsive websites.
No uniform recruitment, conditions for service, retirement age: this puts tribunals at the mercy of the parent ministries.
Congestion in higher judiciary due to litigations against the decisions of these tribunals.
Judicial overreach by tribunals: for example Armed Forces Tribunal granted non-functional upgrade to armed forces which is objected because it does not have the power to pass such an order. Directives by NGT in the domain of policy making is another example.
Over-tribunalisation: existence of numerous tribunals with varied and overlapping jurisdictions.
Sidestepping high courts: as in some cases, an appeal against the order of an appellate tribunal can directly be filed in the Supreme Court.
The above-mentioned issues could be addressed through:
The tribunals which replace the jurisdiction of the Courts should enjoy the same constitutional protections as higher courts.
Need for a new “tribunals service” to address the questions of membership and staffing of tribunals.
The location of benches of certain tribunals must be driven by empirical studies.
The extent of tribunalization that is permissible under our Constitution should adhere to SC ruling in Madras Bar Association v. Union of India.
Ensuring Administrative and institutional autonomy to tribunals
Law Commission has also provided a blueprint regarding appointment, qualification, selection and tenure of members as well as location of tribunals which should be implemented at the earliest.
Comments
26 responses to “Q.1) Enumerate the issues associated with functioning of tribunals in India. How can these be addressed? (250 Words)”
MOJO9728J00A50299555
Hi Amandeep
Combine the 1st two paragraphs to make an unified intro.
Also link the issue of question in your intro. That means mentioning there that “inspite of various provisions regarding Tribunals, they are not functioning to their optimal level.”
Before mentioning the issues with tribunals, discuss the features and status of some of the important tribunals.
Good points in 1st part but you can also add important points like lack of expert domain in these courts; vacancies; judicial overreach by some of the tribunals; issue of infrastructure; lack of manpower and human resources to help these courts etc.
Good way forward.
Unable to post my answers
Hi Ashraf
Take the pictures of your answer and convert them to a PDF file. In “join the discussion” section there will be option of attaching files. Do that. Use camscanner app to click pictures and converting them to PDF for clear resolution.
Payment ID: MOJO9731Y00N34245077
Hi Kanchan
Good intro.
But link the issue of question in your intro. That means mentioning there that “inspite of various provisions regarding Tribunals, they are not functioning to their optimal level.”
Before mentioning the issues with tribunals, discuss the features and status of some of the important tribunals.
Good points in 1st part but you can also add important points like lack of expert domain in these courts; judicial overreach by some of the tribunals; issue of infrastructure; lack of manpower and human resources to help these courts etc.
The 2nd part is dealt nicely.
The answer has good explanation and presentation.
All in all decent try.
Pls review
Hi Wasim
Very good answer.
You covered all the angles with some amazing explanations.
All the parts are well covered.
Keep writing like this.
Unable to post answers
Hi Balakumaran
Take the pictures of your answer and convert them to a PDF file. In “join the discussion” section there will be option of attaching files. Do that. Use camscanner app to click pictures and converting them to PDF for clear resolution.
MOJO9731E00D34250209
Hi Murari
Mention the relevant constitutional provisions regarding polity questions in your intro.
Apart from that, good answer.
You balance is vert good and you have discussed both sides of the arguments in apt manner.
Points are decent and deep.
Good way forwards.
MOJO9731700N34221916
Hi Balakumaran
You just have to mention the article numbers. You dont have to explain the points in them. Simply mention that Article 323 A and B deal with Tribunals in India.
Good discussion on the characteristics of tribunals
Points in the issues are general in nature and lack depth.
You can add important points like lack of expert domain in these courts; judicial overreach by some of the tribunals; issue of infrastructure; lack of manpower and human resources to help these courts etc.
You dont need to mention the need of tribunals at the end of the answer. That is a weak structure.
Good way forward.
There should be only conclusion after way forward…nothing else.
MOJO9803C00N96073071
Please review
MOJO9803C00N96073071
Hi Ashraf
Good points in 1st part but you can also add important points like lack of expert domain in these courts; judicial overreach by some of the tribunals; issue of infrastructure; lack of manpower and human resources to help these courts etc.
The 2nd part is dealt nicely.
Good way forwards.
Q1
Hi Sourav
Mention the relevant constitutional provisions regarding polity questions in your intro.
Also link the issue of question in your intro. That means mentioning there that “in spite of various provisions regarding Tribunals, they are not functioning to their optimal level.”
general points in 1st part.
You can add important points like lack of expert domain in these courts; judicial overreach by some of the tribunals; issue of infrastructure; lack of manpower and human resources to help these courts etc.
Good way forwards.
Conclusion is not right for the answer. It is not talking about tribunals.
MOJO9801U00N04106675, Please Review My Answer.
Hi Vishwanath
Good intro
But link the issue of question in your intro. That means mentioning there that “in spite of various provisions regarding Tribunals, they are not functioning to their optimal level.”
Good points in the 1st part but you can also add important points like lack of expert domain in these courts; location of these courts; judicial overreach by some of the tribunals; lack of manpower and human resources to help these courts etc.
Very good way forward and conclusion.
Structure of the answer is decent
MOJO9801A00D04078686
Hi Ayush
Good attempt.
Your answer has covered all the necessary facet of the question.
Structure, content, explanation are good.
Conclusion is missing. Do not forget to miss it. They are the soft landing to your answers.
Q1
Hi Avani
Very good structuring of the answer.
The depth and coverage are excellent.
Apt subheadings and division of the content.
Points are exhaustive and well explained.
Decent conclusion.
My answer is unchecked. It was sent on mail Id since I was unable to upload under the required answer space due to technical difficulty