A non-judicial forum should not be conferred with exclusive powers to decide the substantial question of law, says CJI Lodha
New Delhi : The Supreme Court on Thursday frowned at creation of tribunals at a drop of hat, wondering whether the government was trying to create a parallel justice delivery system vis-a-vis the courts.
“How can a tribunal, a forum which is not a judicial court, be conferred with exclusive powers to decide the substantial question of law” that is supposed to be the role of the Supreme Court and the High Courts, asked a Constitution Bench headed by Chief Justice R M Lodha.
Its observation came in the course of hearing a batch of petitions challenging the validity of the Tribunals. The Bench, which also included judges Jagdish Singh Khehar, J. Chelameswar, A.K. Sikri and Rohinton Fali Nariman, noted how difficult it is becoming to find persons for manning the Tribunals as those are fit for the job are not interested and those who are keen are not suitable.
When Attorney General Mukul Rohatgi sought to defend the creation of tribunals to reduce the load of the High Courts clogged because of large number of pending cases, the Bench shot back: “Which is the enactment that confers the tribunals with exclusive power to decide the substantial question of law and if the validity of that Act has been upheld.”
“What are you achieving ultimately? You are making a mockery of the procedure,” the Bench snubbed Rohatgi when he argued that creation of tribunals has not eclipsed the powers of the High Courts under Article 226 of the Constitution. It pointed out the huge problem in finding a right judicial person for tribunals dealing with specific areas of laws.
Chief Justice Lodha referred to the difficulty he had in finding a right judicial person for the Securities Appellate Tribunal even as he got requests in the last four days for the appointment of four judicial members on various tribunals.
“Many retired judges who are fit to be on the tribunals are not interested and those who are keen are not suitable,” the Chief Justice said, pointing out that the retirement age is mostly 68 in tribunals but the high court judges who retired three years ago are not interested as they are rather keen on arbitration as it comes with “tonic.”
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