Bring central tribunals under the Law Ministry: panel

Bring central tribunals under the Law Ministry: panel
All central tribunals should be brought under the law ministry, the Law Commission has said, while also suggesting a CJI-headed panel to appoint chairmans and vice-chairmans to give them greater independence.

In a 272-page report Submitted to the Law Ministry, the Commission headed by former SC judge Justice B S Chauhan also reiterated that orders of the tribunals should be considered final though the aggrieved parties can challenge it.

Allowing various departments and ministries to hold administrative control over the tribunals would only make them subservient to the executive, whose disputes the tribunals are adjudicating.

The report also called for uniformity in appointment, tenure and service conditions of the chairman and members of the tribunals.

For filling the posts of a tribunal's chairman, vice-chairman and judicial representatives, it recommended creation of a selection panel headed by the CJI, or a sitting Supreme Court judge as his nominee, and two central government representatives not below the rank of Secretary.

For selecting a tribunal's administrative, accountant, technical, expert or revenue members, a panel headed by a central government nominee should be created in consultation with the CJI. It also said vacancies should be filled as early as six months.

Expressing its reservations on reappointing a tribunal's chairman and others, it said it would compromise its independence and fairness. "One may be inclined to decide matters in a manner that would ensure their reappointment," the report said.

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