Modi Govt’s tribunal reforms

Not many would have taken a notice of this, but this piece of reform is nonetheless a land mark one. An Ordinance with this regard is already in force, and is likely to be passed by Parliament in the upcoming monsoon session.
The concept of tribunals was introduced in the 42nd Constitutional Amendment which was passed during emergency when (almost)all opposition MPs was jailed by Indira G.
Article 323A and 323B in Part IVA of Indian Constitution speak about tribunals. Tribunals are essentially courts to adjudicate on many matters like say Company matters, Labor disputes, Land reform matters, disputes related to Govt. employees etc.
What was the flaw in the tribunals?
What reforms the Bill proposes?
This reform is a welcome step and proves Modi Govt’s dedication to democratic principles and belief in “Separation of Powers”. The control of Govt on adjudication of disputes will reduce once the bill is passed.
Though this is a welcome step, I think Govt eventually should give up its powers completely in matter of appointment of Tribunal members. A system like here should be put in place.
But, yes, the Govt. needs to be given credit for the reform.
Acts | Appellate body | Proposed entity |
The Cinematograph Act, 1952 | Appellate Tribunal | High Court |
The Trade Marks Act, 1999 | Appellate Board | High Court |
The Copyright Act, 1957 | Appellate Board | Commercial Court or the Commercial Division of a High Court |
The Customs Act, 1962 | Authority for Advance Rulings | High Court |
The Patents Act, 1970 | Appellate Board | High Court |
The Airports Authority of India Act, 1994 | Airport Appellate Tribunal | Central government, for disputes arising from the disposal of properties left on airport premises by unauthorised occupants.High Court, for appeals against orders of an eviction officer. |
The Control of National Highways (Land and Traffic) Act, 2002 | Airport Appellate Tribunal | Civil Court |
The Geographical Indications of Goods (Registration and Protection) Act, 1999 | Appellate Board | High Court |
DISCLAIMER: The author is solely responsible for the views expressed in this article. The author carries the responsibility for citing and/or licensing of images utilized within the text.