SC asks for probe in functioning of tribunals

Attorney General K K Venugopal, appearing for Centre, pointed out several difficulties in implementing the apex court’s orders.
For representational purposes
For representational purposes

NEW DELHI:  With an aim to streamline the working in the country’s tribunals, the Supreme Court on Wednesday asked the Centre to investigate the feasibility of bringing all quasi-judicial bodies under one authority for efficiency in functioning.

A five-judge Constitution bench, headed by Chief Justice of India Ranjan Gogoi, said it is tentatively of the view that directions given by the apex court in its two verdicts of 1997 and 2010 for bringing all the tribunals of the country under one nodal agency should have been implemented long ago.

The bench, which deals with vacancies in tribunals, said recommendations of the search-cum-selection committee for the appointment of members in the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) should be implemented within two weeks. The bench was hearing a petition filed by the Madras Bar Association in 2012 seeking orders to the Centre for implementing the directions in the apex court’s earlier orders. 

During the hearing, Attorney General K K Venugopal, appearing for Centre, pointed out several difficulties in implementing the apex court’s orders, including the need for an amendment of the Government of India (Allocation of Business) Rules, 1961.

Venugopal said that if the Law Ministry is to act as the nodal agency, then it would have to deal with various issues, including over thousands of appointments of members of the tribunals and setting up infrastructure.

Venugopal suggested that for the efficient and independent working of the tribunal, a central body called the National Tribunal Commission should be created.

Senior advocate Arvind Datar, appearing for the petitioner, said that for a smooth functioning of tribunals, one umbrella body is needed.

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