Skip to main content

Tribunals can’t become a parallel justice system: SC

A non-judicial forum should not be conferred with exclusive powers to decide the substantial question of law, says CJI Lodha

New Delhi : The Supreme Court on Thursday frowned at creation of tribunals at a drop of hat, wondering whether the government was trying to create a parallel justice delivery system vis-a-vis the courts.

“How can a tribunal, a forum which is not a judicial court, be conferred with exclusive powers to decide the substantial question of law” that is supposed to be the role of the Supreme Court and the High Courts, asked a Constitution Bench headed by Chief Justice R M Lodha.

Its observation came in the course of hearing a batch of petitions challenging the validity of the Tribunals. The Bench, which also included judges Jagdish Singh Khehar, J. Chelameswar, A.K. Sikri and Rohinton Fali Nariman, noted how difficult it is becoming to find persons for manning the Tribunals as those are fit for the job are not interested and those who are keen are not suitable.

When Attorney General Mukul Rohatgi sought to defend the creation of tribunals to reduce the load of the High Courts clogged because of large number of pending cases, the Bench shot back: “Which is the enactment that confers the tribunals with exclusive power to decide the substantial question of law and if the validity of that Act has been upheld.”

“What are you achieving ultimately? You are making a mockery of the procedure,” the Bench snubbed Rohatgi when he argued that creation of tribunals has not eclipsed the powers of the High Courts under Article 226 of the Constitution. It pointed out the huge problem in finding a right judicial person for tribunals dealing with specific areas of laws.

Chief Justice Lodha referred to the difficulty he had in finding a right judicial person for the Securities Appellate Tribunal even as he got requests in the last four days for the appointment of four judicial members on various tribunals.

“Many retired judges who are fit to be on the tribunals are not interested and those who are keen are not suitable,” the Chief Justice said, pointing out that the retirement age is mostly 68 in tribunals but the high court judges who retired three years ago are not interested as they are rather keen on arbitration as it comes with “tonic.”

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Abusing in-laws a ground for divorce: SC

Abusing in-laws and not allowing them to reside in the matrimonial home by a woman amounts to cruelty to her spouse, ground enough for grant of divorce, the Supreme Court has ruled while allowing an NRI's plea for legal separation from his wife. A bench of Justices Vikaramajit Sen and A M Sapre said such incidents could not be termed as "wear and tear" of family life as held by Madras High Court which had said that a couple must be prepared to face such situations in matrimonial relationship. The NRI had filed a divorce petition alleging that his wife was abusive to his family members and did not allow his parents and siblings to stay in his house when they visited the US. Referring to an incident, the husband told the court that his wife had once locked him and his sister out of the house and abused them saying they belonged to a 'prostitute family'. She refused to allow her sister-in-law to enter the house and even lodged a police complaint against her hu...

Property can be sold on power of attorney - Delhi High Court

As reported in the Hindusthan Times on 5th May:-  http://www.hindustantimes.com/India-news/NewDelhi/Property-can-be-sold-on-power-of-attorney/Article1-1054964.aspx In a judgment that will benefit lakhs of Delhi residents living in co-operative housing societies and DDA flats, the Delhi High Court has quashed a Delhi government circular banning property sale in the Capital through general power of attorney (GPA). The court found that the directions in the circular, issued by the revenue department on April 27 last year, were contrary to the Supreme Court judgment dated October 11, 2011. The HC order will increase the number of saleable properties in Delhi and could bring down the value of freehold properties. According to realty watchers, on an average, around 20% of properties are registered through GPA transfers — a common way of selling leasehold properties and those that don’t have a clear title. The judgment came on a petition filed by a company, Pace Developers and ...