The Supreme Court directed the Centre to constitute a National Tribunals Commission (NTC) which would act as an independent body to supervise appointments and functioning as well as take care of the administrative and infrastructural needs of tribunals across the country.(File photo)
The Supreme Court directed the Centre to constitute a National Tribunals Commission (NTC) which would act as an independent body to supervise appointments and functioning as well as take care of the administrative and infrastructural needs of tribunals across the country.(File photo)

SC stresses on independence of tribunals, directs Govt to constitute National Tribunals Commission

Stressing on the “imperative need” to ensure that tribunals discharge the judicial functions without any interference of the executive whether directly or indirectly, the apex court said that till NTC is constituted, a separate wing in the Ministry of Finance shall be established to cater to the requirements of tribunals.
By Press Trust of India | Posted by Mallika Soni | Press Trust of India
PUBLISHED ON NOV 27, 2020 07:55 PM IST

The Supreme Court on Friday directed the Centre to constitute a National Tribunals Commission (NTC) which would act as an independent body to supervise appointments and functioning as well as take care of the administrative and infrastructural needs of tribunals across the country.

Stressing on the “imperative need” to ensure that tribunals discharge the judicial functions without any interference of the executive whether directly or indirectly, the apex court said that till NTC is constituted, a separate wing in the Ministry of Finance shall be established to cater to the requirements of tribunals.

Observing that setting up of such commission would enhance the image of tribunals and instil confidence in the minds of litigants, a bench headed by Justice L Nageswara Rao said dependence of tribunals for all their requirements on the parent department would not “extricate them from the control of the executive”.

“Judicial independence of the tribunals can be achieved only when the tribunals are provided the necessary infrastructure and other facilities without having to lean on the shoulders of the executive. This can be achieved by establishment of an independent National Tribunals Commission as suggested above,” said the bench, also comprising Justices Hemant Gupta and S Ravindra Bhat.

The observations by the apex court came in its judgement delivered on a batch of pleas challenging the constitutional validity of the ‘Tribunal, Appellate Tribunal and other Authorities (Qualification, Experience and Other Conditions of Service of Members) Rules, 2020.

“The Union of India shall constitute a National Tribunals Commission which shall act as an independent body to supervise the appointments and functioning of tribunals, as well as to conduct disciplinary proceedings against members of tribunals and to take care of administrative and infrastructural needs of the tribunals, in an appropriate manner,” the bench said in its 68-page verdict.

The apex court said that to stop the dependence of tribunals on their parent departments for routing their requirements and to ensure speedy administrative decision making, “as an interregnum measure, we direct that there should be a separate ‘tribunals wing’ established in the Ministry of Finance, Government of India to take up, deal with and finalize requirements of all the tribunals till the National Tribunals Commission is established.” It said that till amendments are carried out in 2020 Rules, the search-cum-selection committees should comprise of Chief Justice of India or his nominee as the chairperson and others, including the outgoing chairman or president of the tribunal in case of appointment of chairman or president and secretary to the Ministry of Law and Justice.

It said that Rule 4(2) of the 2020 Rules shall be amended to provide that the search-cum-selection committee shall recommend the name of one person for appointment to each post instead of a panel of names for appointment to each post and another name may be recommended to be included in the waiting list.

“The chairpersons, vice-chairpersons and the members of the tribunal shall hold office for a term of five years and shall be eligible for reappointment. Rule 9(2) of the 2020 Rules shall be amended to provide that the vice-chairman, vice-chairperson and vice-president and other members shall hold office till they attain the age of sixty-seven years,” the bench said.

It said that the Centre shall make serious efforts to provide suitable housing to the chairman or president and other members of the tribunals and if it is not possible, the government shall pay the chairman or president and vice-chairman or vice-president an amount of Rs 1.5 lakh per month as house rent allowance and Rs 1.25 lakh per month for other members with effect from January 1, 2021.

The apex court said that the 2020 Rules shall be amended to make lawyers with an experience of at least 10 years eligible for appointment as judicial members in the tribunals and while considering their appointment, the search-cum-selection committee shall take into account the experience of the advocate at the bar and their specialization in the relevant branches of law. “Rule 8 of the 2020 Rules shall be amended to reflect that the recommendations of the search-cum-selection committee in matters of disciplinary actions shall be final and the recommendations of the search-cum-selection committee shall be implemented by the Central Government,” it said.

It directed that the Centre shall make appointments to tribunals within three months from the date on which the search-cum-selection committee makes recommendations.

It said any appointments made after the 2020 Rules came into force on February 12, 2020 shall be governed by it subject to modifications and appointments made under the 2020 Rules till the date of this verdict, shall not be considered invalid.

It said in case selection committees have made recommendations in accordance with the 2020 Rules, appointments shall be made within three months from today and shall not be subject matter of challenge on the ground that they are not in accord with this judgment.

It said chairpersons, vice-chairpersons and members of the tribunals appointed prior to February 12, 2020 shall be governed by the parent statutes and Rules as per which they were appointed.

SHARE THIS ARTICLE ON
Topics
app
Close
ITBP personnel during the full dress rehearsal for the upcoming Republic Day Parade, in New Delhi. (ANI)
ITBP personnel during the full dress rehearsal for the upcoming Republic Day Parade, in New Delhi. (ANI)

17 ITBP officials get Police Medals on eve of Republic Day

PTI
PUBLISHED ON JAN 25, 2021 05:23 PM IST
The recipients include Inspector General (IG) Deepam Seth, awarded the meritorious service medal, and Deputy IG (veterinary) Sudhakar Natarajan who has been bestowed the distinguished service medal.
Close
NCP chief addressing the farmers at Mumbai's Azad Maidan on Monday.(ANI Photo)
NCP chief addressing the farmers at Mumbai's Azad Maidan on Monday.(ANI Photo)

'Maharashtra Governor has time for Kangana, but not farmers': Sharad Pawar

By hindustantimes.com | Edited by Amit Chaturvedi
UPDATED ON JAN 25, 2021 05:17 PM IST
Addressing the farmers who gathered at Mumbai's Azad Maida, Pawar said the farm laws were passed without detailed discussion in Parliament despite opposition parties demanding deliberations on the bills concerned.
Close
Akash-NG is a new generation Surface-to-Air Missile meant for use by IAF.(PTI)
Akash-NG is a new generation Surface-to-Air Missile meant for use by IAF.(PTI)

DRDO conducts maiden launch of Akash missile at integrated test range in Odisha

By hindustantimes.com
UPDATED ON JAN 25, 2021 05:19 PM IST
DRDO conducted successful maiden launch of Akash-NG (New Generation) Missile from Integrated Test Range off the coast of Odisha today. Akash-NG is a new generation Surface-to-Air Missile meant for use by IAF with an aim of intercepting high manoeuvring aerial threats, said DRDO.
Close
As many as 205 personnel have been decorated with the second-highest police medal for gallantry or the PMG. (Representative Image)(PTI)
As many as 205 personnel have been decorated with the second-highest police medal for gallantry or the PMG. (Representative Image)(PTI)

CRPF man killed in Pulwama attack gets President's police medal for gallantry

PTI
PUBLISHED ON JAN 25, 2021 05:12 PM IST
A total of 207 police bravery medals were declared by the Union government apart from 89 President's police medals for distinguished service and 650 police medals for meritorious service, as per a list published by the Union Home Ministry.
Close
Currently, there are two interoperable QR codes -- UPI QR and Bharat QR.(Shutterstock file photo)
Currently, there are two interoperable QR codes -- UPI QR and Bharat QR.(Shutterstock file photo)

Delhi High Court adopts QR code-based digital entry pass system

ANI, New Delhi
PUBLISHED ON JAN 25, 2021 05:11 PM IST
The High Court order added that the advocates concerned will have to ensure that the QR Pass is not misused by anyone.
Close
After the attack, locals present at the spot made a noise due to which the leopard went back to the forest area, but angry locals protested till evening with the deceased’s body on the road.(HT PHOTO.)
After the attack, locals present at the spot made a noise due to which the leopard went back to the forest area, but angry locals protested till evening with the deceased’s body on the road.(HT PHOTO.)

40-year-old woman killed by leopard in Uttarakhand's Pithoragarh

PUBLISHED ON JAN 25, 2021 05:06 PM IST
  • The woman succumbed to her injuries after she was attacked by a leopard when she had gone to the forest to collect grass.
Close
Governor Bhagat Singh Koshyari(HT Photo)
Governor Bhagat Singh Koshyari(HT Photo)

Goa nearing complete normalcy after Covid-19 outbreak: Governor Koshyari

PTI
PUBLISHED ON JAN 25, 2021 05:05 PM IST
In his address, the governor said the state has suffered a lot in terms of socio-economic and infrastructure development taking a backseat in the Covid-19 times.
Close
Punjab Chief Minister Amarinder Singh talks to the media.(ANI)
Punjab Chief Minister Amarinder Singh talks to the media.(ANI)

Maintain peace during tractor rally, appeals Punjab CM Amarinder Singh

ANI
PUBLISHED ON JAN 25, 2021 05:01 PM IST
The sight of farmers' tractors on Delhi roads tomorrow will underline the fact that the ethos of the Indian Constitution and the essence of our Republic is inalienable and uncompromisable, he said.
Close
Nationalist Congress Party (NCP) Chief Sharad Pawar.(PTI)
Nationalist Congress Party (NCP) Chief Sharad Pawar.(PTI)

News updates from HT: Farmers gather for Mumbai rally and all the latest news

By hindustantimes.com, Hindustan Times, New Delhi
PUBLISHED ON JAN 25, 2021 04:51 PM IST
Here are today’s top news, analysis and opinion. Know all about the latest news and other news updates from Hindustan Times.
Close
President Ram Nath Kovind. (Vipin Kumar/HT PHOTO)
President Ram Nath Kovind. (Vipin Kumar/HT PHOTO)

President Kovind confers Jeevan Raksha Padak series of awards to 40 people

By hindustantimes.com | Edited by Nilavro Ghosh
UPDATED ON JAN 25, 2021 04:57 PM IST
The award is given to a person for an exemplary act of human nature in saving someone's life. It can be awarded under three categories - Sarvottam Jeevan Raksha Padak, Uttam Jeevan Raksha Padak and Jeevan Raksha Padak. It can also be given posthumously.
Close
A medic administers the first dose of Covishield vaccine to a healthcare worker Nagaratna K, in Bengaluru on January 16.(PTI Photo)
A medic administers the first dose of Covishield vaccine to a healthcare worker Nagaratna K, in Bengaluru on January 16.(PTI Photo)

Covid-19: Karnataka becomes first state in India to inoculate over 2 lakh people

By hindustantimes.com | Edited by Amit Chaturvedi
UPDATED ON JAN 25, 2021 04:51 PM IST
After PM Modi launched the vaccination drive nationally through video conferencing on January 16, Nagaratna K, a ward attendant at Victoria Hospital in Bengaluru had received the first shot.
Close
Goa’s mining industry came to a halt in March 2018 after the Supreme Court ruled that the mining lease renewals granted by the state government were not as per law.(HT PHOTO)
Goa’s mining industry came to a halt in March 2018 after the Supreme Court ruled that the mining lease renewals granted by the state government were not as per law.(HT PHOTO)

Goa govt trying resume mining in systematic manner, says Governor Koshyari

By Gerard de Souza
PUBLISHED ON JAN 25, 2021 04:22 PM IST
  • Goa has been struggling with falling GDP after the Supreme Court quashed the renewal of 88 mining leases.
Close
Sikkim Chief Minister Prem Singh Tamang(File photo)
Sikkim Chief Minister Prem Singh Tamang(File photo)

Sikkim goes back to non-partisan polls after more than a decade

By Pramod Giri, Siliguri
UPDATED ON JAN 25, 2021 04:26 PM IST
  • “The latest amendments would usher in true democracy in grassroots governance,” said chief minister Prem Singh Tamang.
Close
Representational Image.
Representational Image.

Naku La clash: China trying to open new front, test India’s defence, say experts

PUBLISHED ON JAN 25, 2021 04:14 PM IST
The January 20 incident came close on the heels of aggressive Chinese action related to Japan’s Senkaku Islands and an incursion into Taiwan’s airspace by Chinese warplanes – which experts said appeared to be signalling towards the new US administration
Close
Police personnel during the full dress rehearsals for the Republic Day parade.(PTI)
Police personnel during the full dress rehearsals for the Republic Day parade.(PTI)

Marching style of Indian, Bangladeshi contingents 'similar', says Col Chaudhary

ANI
PUBLISHED ON JAN 25, 2021 04:03 PM IST
"It is a great responsibility that has been assigned to us. The men with me are very excited to participate in this parade... If you ask about the feelings, participating in a foreign land, with a foreign army and with the same tempo is very much exciting," he said.
Close
SHARE
Story Saved
OPEN APP