While none can stop the Government from passing legislation, at the same time none from the Government can equally stop the Supreme Court from issuing orders , that being the duty of both the institutions – were the feelings aired by the Bench headed by the Chief Justice of India. This was all said in respect of the current state of affairs of various tribunals in India where, in most of the cases, vacancies having fallen due are not filled up. The Supreme Court has termed such non-filling of vacancies as a ”very sorry state of affairs”. What could be the reason behind it must be known and whether any lobbies have been working in this regard that has led to such a situation having taken place, too must be made known . To say all about it in details, a ten days time has been given by the apex court to the Government. Appointments to these tribunals can be made subject to pending litigations but the litigants cannot be left remediless and if tribunals are not wanted by the Government , they could go to High Courts but ”if ‘you want the tribunals, then fill up the vacancies” were serious observations made by the Supreme Court.
Needless to add, tribunals play an important role, even when at times, certain important issues miss the eyes of the law in conventional courts. Looking to the issue of pendency of court cases for years , the burden of the constitutional courts in matters of not only disposing of such cases but admitting fresh ones , tribunals play a vital role in reducing such burden of courts. The system, therefore, needs these tribunals to play specialised role in justice mechanism. Having said this, the importance of such tribunals cannot be underestimated hence every effort in respect of providing the basic infrastructure in terms of man power to these tribunals is imperative . Lame or half functioning tribunals are of no import which, therefore, brings in the issue of whether to continue with them or out-rightly close them . The Bench has raised this question and observed that, perhaps , the bureaucracy does not want these tribunals.
Since the tribunals hear cases related to our armed forces, environment , taxation and administrative issues and the like, it was necessary to address the matter of unfilled posts of judicial and non-judicial members at various tribunals across the country. It may be noted that the utility and the benefits of various tribunals to the public has been felt to the extent that they have at times proved even better than conventional courts in matters of cost of litigation and decision making process as also in terms of the time taken. Effective as well as expeditious disposal of cases, it may be safely held, was the idea and the aim of setting up of these tribunals and any casual approach towards providing the basic requirements, that of the manpower, amounted to weakening of the tribunals. Armed Forces Tribunals too have the same problems in respect of which the court observed that ”top officials” could be summoned to ascertain the reasons for not appointing workforce in these quasi-judicial bodies.. Hoping that the concerned officers would not give any reason to be called to appear in the court to explain as ”we are very serious ”.
It may be observed that as many as 15 tribunals created do not have chairpersons. Likewise, there were unfilled vacancies of judicial and technical members in the National Company Law Tribunal and Railways Claim Tribunal as well. The Bench comprising Chief Justice N. V. Ramana and Justice Surya Kant even shared that as members on the selection panel, names had been recommended way back in May 2020 for filling up vacancies in these tribunals. The simple question is that if tribunals are to be continued, they must be effective and provided with the basic paraphernalia that of the staff- both judicial and non-judicial – otherwise as per the observations of the SC, they should better be discontinued.
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