IMPORTANT POINT
An oversight committee is required to oversee constitution and functioning of the tribunals.

ORDER :

1. Restructuring of Tribunal System in the light of constitutional scheme as interpreted in decisions of this Court and the Expert Studies is the issue for consideration. Concept of Tribunals was evolved to decongest the court system and to provide speedy and inexpensive justice. Separation of powers and independence of judiciary are the constitutional concepts which have to be followed in setting up of Tribunals. Functioning of Tribunals is required to be reviewed on the test of speedy and inexpensive quality justice.

2. In R.K. Jain versus Union of India, (1993) 4 SCC 119, a Bench of this Court called for taking stock of the situation of working of Tribunals, [Para 8]. It was observed that the personnel appointed to man the Tribunals discharge judicial/quasi judicial powers and thus, persons who adjudicate upon such powers must have legal expertise, judicial experience and legal training [Para 67]. Independence of judiciary is a must for fair justice [Para 68].Institution of Tribunals being a substitute for courts could not be less effective than the courts to uphold faith of litigant public [Para 70]. The Court expressed anguish over ineffectivity of alternative mechanism for judicial review. It was observed that dispensing of justice by Tribunals leaves much to be desired. Remedy of appeal to this Court was costly and prohibitive and people in far flung areas could ill afford to reach this Court. Members of the Bar should be recruited to man the Tribunals and working of Tribunals may need fresh look and regular monitoring, [Para 76].

3. In L. Chandra Kumar versus Union of India, (1997) 3 SCC 261, a Bench of 7-Judges referred to the reports of Expert Committees and Commissions which dealt with the problem of arrears. 124th Report of the Law Commission (1988) analyzed the situation existing in High Courts and recommended specialized Tribunals. The Malimath Committee Report (1989-1990) noted that not all the Tribunals inspired confidence in public mind on account of lack of competence, objectivity and judicial approach. Constitution, power and method of appointment needed to be reviewed [(paras 8.63 to 8.66 as quoted in para 88 of L. Chandra Kumar)]. This Court noted that various Tribunals have not evolved up to the expectations which is self evident and widely acknowledged. Drastic measures were required to elevate the standards[Para 89]. Exclusion of judicial review by High Courts and direct appeals to this Court was too costly and inaccessible and thus ineffective. The decisions of the Tribunals should be amenable to scrutiny before a Division Bench of the High Court [Para 92 to 94]. Short tenure of members of Tribunal was not proper. Non judicial members must have judicial experience [Para 95]. There was need to review the competence of persons manning the Tribunals and oversight mechanism. Wholly independent agency was required for administration of all the Tribunals. A single umbrella organization could remove the ills of the present system [Para 96].

4. In Union of India versus R. Gandhi, President Madras Bar Association, (2010) 11 SCC 1, the Constitution Bench observed that if Tribunals are to be given judicial power which was earlier exercised by courts, they must possess independence, security and capacity associated with courts. When the jurisdiction from courts is transferred to tribunals, members of judiciary should be the presiding officers/members such as Rent Tribunals, Motor Accident Claims Tribunals and Special Courts. Provision for technical members in addition to or substitution of judicial members would be a case of dilution of and encroachment upon independence of judiciary[Para 90]. Technical members could be in addition to judicial members only when a specialized knowledge or expertise was a must. The legislature could constitute Tribunals but there is limitation of power on the legislature to prescribe qualifications and such limitation has to be read into the competence of the legislature to prov