The Supreme Court is mooting formation of a three-member committee to consider issues concerning tribunals across the country..The order was passed by a Bench of Justices AK Goel and Indu Malhotra after considering the response filed by the Central government and the suggestions made by Amicus Curiae Arvind Datar in the case of Rojer Mathew v. South Indian Bank Limited..When the Court was initially seized of the matter, it was only considering whether the appointment process and functioning of Debt Recovery Tribunals (DRTs) as provided under the Recovery of Debts and Bankruptcy Act, 1993 are taking place as per its previous decisions. It had then appointed Datar as Amicus Curiae to assist the court..Pursuant to the same, Datar submitted a concept note to the court as per which he suggested that there was a need for an independent oversight body for tribunals..It was suggested that an independent body called National Tribunal Commission (NTC) should be constituted to oversee functioning of central Tribunals. A similar body may be constituted for State tribunals. The NTC should deal with appointment and removal of members of the Tribunals by constituting sub committees. A slew of suggestions were also made regarding appointments to tribunals and service conditions of its members..The Court after noting the suggestions made by the Amicus set out the following issues for consideration:.Creation of a regular cadres laying down eligibility for recruitment for Tribunals;Setting up of an autonomous oversight body for recruitment and overseeing the performance and discipline of the members so recruited and other issues relating thereto;Amending the scheme of direct appeals to this Court so that the orders of Tribunals are subject to jurisdiction of the High Courts;Making Benches of Tribunals accessible to common man at convenient locations instead of having only one location at Delhi or elsewhere. In the alternative, conferring jurisdiction on existing courts as special Courts or Tribunals..The Court then held that the above issues may require setting up of a committee preferably of three members. One of the committee members should be a retired judge of the Supreme Court who may have served in a tribunal..“The above issues may require urgent setting up of a committee, preferably of three members, one of whom must be retired judge of this Court who may be served in a Tribunal.”.The committee so set up will have to suggest a mechanism consistent with the Constitutional scheme to deal with the issues set out by the court..“Such Committee can have inter action with all stakeholders and suggest a mechanism consistent with the constitutional scheme as interpreted by this Court in several decisions referred to above and also in the light of recommendations of expert bodies. This exercise must be undertaken in a time bound manner.”.The matter is now listed for further hearing on May 10 as prayed for by the Attorney General..Read the order below.
The Supreme Court is mooting formation of a three-member committee to consider issues concerning tribunals across the country..The order was passed by a Bench of Justices AK Goel and Indu Malhotra after considering the response filed by the Central government and the suggestions made by Amicus Curiae Arvind Datar in the case of Rojer Mathew v. South Indian Bank Limited..When the Court was initially seized of the matter, it was only considering whether the appointment process and functioning of Debt Recovery Tribunals (DRTs) as provided under the Recovery of Debts and Bankruptcy Act, 1993 are taking place as per its previous decisions. It had then appointed Datar as Amicus Curiae to assist the court..Pursuant to the same, Datar submitted a concept note to the court as per which he suggested that there was a need for an independent oversight body for tribunals..It was suggested that an independent body called National Tribunal Commission (NTC) should be constituted to oversee functioning of central Tribunals. A similar body may be constituted for State tribunals. The NTC should deal with appointment and removal of members of the Tribunals by constituting sub committees. A slew of suggestions were also made regarding appointments to tribunals and service conditions of its members..The Court after noting the suggestions made by the Amicus set out the following issues for consideration:.Creation of a regular cadres laying down eligibility for recruitment for Tribunals;Setting up of an autonomous oversight body for recruitment and overseeing the performance and discipline of the members so recruited and other issues relating thereto;Amending the scheme of direct appeals to this Court so that the orders of Tribunals are subject to jurisdiction of the High Courts;Making Benches of Tribunals accessible to common man at convenient locations instead of having only one location at Delhi or elsewhere. In the alternative, conferring jurisdiction on existing courts as special Courts or Tribunals..The Court then held that the above issues may require setting up of a committee preferably of three members. One of the committee members should be a retired judge of the Supreme Court who may have served in a tribunal..“The above issues may require urgent setting up of a committee, preferably of three members, one of whom must be retired judge of this Court who may be served in a Tribunal.”.The committee so set up will have to suggest a mechanism consistent with the Constitutional scheme to deal with the issues set out by the court..“Such Committee can have inter action with all stakeholders and suggest a mechanism consistent with the constitutional scheme as interpreted by this Court in several decisions referred to above and also in the light of recommendations of expert bodies. This exercise must be undertaken in a time bound manner.”.The matter is now listed for further hearing on May 10 as prayed for by the Attorney General..Read the order below.
