Statutory, Regulatory and various Quasi-judicial Bodies
The government has recently appointed 31 people as judicial, technical and accountant members at the National Company Law Tribunal (NCLT) and the Income Tax Appellate Tribunal (ITAT) amid the Supreme Court flagging concerns about vacancies in various tribunals.
Tribunal is an administrative body responsible for discharging quasi-judicial duties and thus, it is neither a Court nor an executive body.
Consider the following statements with reference to tribunals:
They are not bound by Code of Civil Procedure.
Unlike High Courts, they do not have power to punish for their contempt.
In India, the National Tribunals Commission takes care of administrative and infrastructural needs of the tribunals.
Which of the above statements is/are incorrect?
Correct Option: C
Statement 2 is incorrect: A Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Courts Act, 1971.
Statement 3 is incorrect: The idea of an NTC was first mooted by the Supreme Court in L. Chandra Kumar v. Union of India (1997). Presently there is no NTC in India.
Does tribunalization of justice undermine the principle of separation of power as envisioned in our constitution? Analyze. (150 Words)
In the introduction, state the articles based on which Tribunals are constituted in India.
Briefly describe Separation of Power.
Enumerate briefly the reasons for formation of Tribunals
Enumerate the ways based on which Tribunalization goes against the norm of separation of Powers.