NEW DELHI: Tribunal Reforms Bill, piloted by govt in Parliament, is seen as a move that reinforces the constitutional position in appointments: ensuring primacy of the judiciary in deciding top positions. At the same time, it seeks to maintain a three-tier architecture between the tribunal, the secretariat and the administrative ministry with clear roles mapped out for each.In the bill — passed by RS Tuesday and LS Monday — govt has sought to ensure the independence of National Tribunals Commission (NTC) that will supervise the appointment, functioning, discipline and administrative needs of tribunals. To be headed by a retired judge of the Supreme Court or chief justice of a high court, the proposed NTC will have two judicial members drawn from among retired HC judges apart from two technical members. The chairperson and judicial members will be appointed by govt in consultation with the CJI.The commission, through its search and selection committee, has been tasked to streamline selection of chairpersons and members of tribunals. Unlike the current system, where a panel of names is sent, the committee will recommend a single name for each vacancy, along with a waiting list. Strict timelines have been proposed for recommending names to govt and for the Centre to approve them.
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It addresses a constant complaint that ministries have in appointments getting delayed.Besides, govt has decided to fix the retirement age of chairperson of tribunals at 70 years, with members to retire at 67, unless they complete their five-year terms.The commission will be assisted by a secretariat with the administrative ministry having no role in either advertising for the post or scrutinising the candidates. The ministry concerned will merely forward inputs to the secretariat on the candidate and Intelligence Bureau will provide its reports. Officials argued that this will end any possible conflict of interest that the ministry concerned will have as a litigant.
