Against the backdrop of an ongoing debate over proliferation of tribunals, Chief Justice of India K G Balakrishnan on Sunday said there were “compelling reasons” for continuation of tribunals in the country as they were more accessible to litigants.
“At an academic level, several arguments can be made against ‘tribunalisation’ of justice. However, keeping practical considerations in mind there are also some compelling reasons for continuing them,” Justice Balakrishnan said addressing a conference of Central Administrative Tribunal (CAT).
He said, with regard to administrative tribunals the presence of administrative members considerably improves the quality of adjudication since they are well-versed with the everyday functioning of government departments, authorities and PSUs, enabling them to better appreciate the grievances brought before them.
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“Furthermore, these tribunals are more accessible to litigants, both in terms of lower costs and absence of complex procedures,” the CJI said.
Referring to a decision of a Constitution Bench, he said it was desirable to continue with the administrative tribunals despite the powers of the High Courts to scrutinise their decisions.
“For one, if their decisions were not questioned before the High Court, it would definitely contribute to the piling up of service disputes before the Supreme Court,” he observed.
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Justice Balakrishnan said a significantly large proportion of orders of the CAT benches are being questioned before the High Courts, often on frivolous grounds “at the instance of advocates rather than litigants“.
Speaking on the occasion, Law Minister M Veerappa Moily said CAT should not get entangled in technicalities while dealing with a case.
He said by acquitting a corrupt official on technical grounds it will get him justice “but deny justice to others“.
The Law Minister was of the opinion that CAT rulings should not unnecessarily “glorify” officials.
Narrating an incident, he said a particular government official caught taking bribe was acquitted on technical grounds. “He has since changed his name and is respected as an educationist today,” Mr. Moily said.
Minister of State for Personnel Prithviraj Chavan said 150 organisations were added under the purview of CAT. “More organisations and all PSUs and public sector banks could be brought in to decrease pressure on High Courts and Supreme Court,” he said.
Referring to the RTI Act, he said it would be amended for “proactive disclosures”. He, however, added that security related issues would remain out of bounds of the Act.