Dependence of the Tribunals for all their requirements on the parent Department will not extricate them from the control of the executive: High Court of Delhi
Judicial independence of the Tribunals can be achieved only when the Tribunals are provided the necessary infrastructure and other facilities without having to lean on the shoulders of the executive. This was held in the case of R Subrmanian v Union of India, [W.P.(C) 2864/2021 &amp; CM APPL. 8636/2021] by Hon’ble Justice M. Singh in the High Court of Delhi. The petitioner who is a practicing advocate submitted that NCLT benches are to be constituted and set up in all States and at this point there are only 19 judicial members and 22 technical members. Despite the heavy load of cases, the appointments to the NCLT and NCLAT are considerably delayed. The counsel for the respondents submitted that issues raised in this petition are fully covered by the judgment of the Supreme Court in Madras Bar Association v. Union of India &amp; Anr, 2020 SCC Online SC 962 where the Supreme Court has directed the formation of a `National Tribunals Commission’ to take care of the administrative and infrastructural needs of tribunals. While the said Commission is formed, as an interregnum measure, the Court has also provided for the setting up of a separate `Tribunals wing’ in the Ministry of Finance. The Court has perused the judgment of the Supreme Court in Madras Bar Association (supra). Clearly, the judgment covers the issues which have been raised by the Petitioner, including in respect of appointments to Tribunals, enquiries against members, monitoring of the functioning and the filling up of vacancies in Tribunals, as well as assessment of the workload and providing all adequate infrastructure. The mounting arrears in the Tribunals is mainly due to the delay in filling up the vacancies of the Presiding Officers and members of the Tribunals. The learned Amicus Curiae suggested that there should be a National Tribunals Commission manned by retired Judges of the Supreme Court, Chief Justices of the High Courts and Members from the Executive which will have a full-time Secretary performing the following functions: a) Selection of candidates; b) Re-appointment of candidates; c) Conducting of inquiry against Members; d) Sanction leave of Members wherever necessary; e) Monitor the functioning of the Tribunals, in particular, the arrears and disposal of cases and filling up of vacancies and ensuring adequate infrastructure; and f) Ensure adequate infrastructure and IT support.
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 2864 2021 & CM APPL. 8636 2021 Through: Mr. R. Subramanian Petitioner Date of decision: 4th March 2021 UNION OF INDIA REPRESENTED THROUGH: THE SECRETARY MINISTRY OF CORPORATE AFFAIRS Through: Mr. Chetan Sharma ASG with Mr JUSTICE PRATHIBA M. SINGH Prathiba M. Singhissue a writ of mandamus or any other appropriate writ or order or direction in the nature of Writ directing the 1st and 2nd Respondents to forthwith assess the requirement of the number of tribunals of the 2nd Respondent based on analysis of the relevant variables including the case filing load and the planned times and the estimated hearing times issue a writ of mandamus or any other appropriate writ order or direction under Article 226 of the Constitution of India directing the 1st recruitment plan to ensure that the recruitments are made in advance of the vacancies arising from c) Issue rule nisi in terms of prayersandpass such other and further order orders as this Hon ble Court may deem fit and proper in the facts and circumstances of the present case.” A perusal of the reliefs shows that the Petitioner prays for a direction to be issued to the Ministry of Corporate Affairs and the NCLT to assess the requirement of the number of tribunals of the NCLT and for this Court to formulate a rolling recruitment plan for the NCLT This Court has perused the judgment of the Supreme Court in Madras Bar AssociationSelection of candidates b) Re appointment of candidates c) Conducting of inquiry against Members of Members wherever e) Monitor the functioning of the Tribunals in particular the arrears and disposal of cases and filling up of vacancies and ensuring adequate infrastructure and f) Ensure adequate infrastructure and IT support 20. In view of the preceding discussion we direct the India to set up a National Tribunals Commission as suggested by this Court by its order dated 07.05.2018 at the earliest. Setting up of such Commission would enhance the image of the Tribunals and instill confidence in the minds of the litigants Dependence of the Tribunals for all their requirements on the parent Department will not extricate them from the control of the executive. Judicial independence of the Tribunals can be achieved only when the Tribunals are provided the necessary infrastructure and other facilities without having to lean on the shoulders of the executive. This can be achieved by establishment of an independent National Tribunals Commission suggested above. To stop the dependence of Tribunals on their parent Departments for routing their requirements and to ensure speedy administrative decision making as an interregnum measure we direct there should be a separate “tribunals wing” established in the Ministry of Finance Government of India to take up deal with and finalize requirements of the National Tribunals Commission is established.” Directions have been issued for setting up of the `National Tribunals Commission’ and in the interregnum for the setting up of a separate tribunals wing’ in the Ministry of Finance. Thus the reliefs sought herein are completely covered by the said judgment it has been more than three months since the judgement has been rendered it only needs to be emphasised that the directions given by the Supreme Court ought to be implemented expeditiously by the Respondent Authorities 9. With these observations the present petition along with all pending applications is disposed of MARCH 4 2021 PRATHIBA M. SINGH Page 