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GS Paper: Statutory, Regulatory & Various Quasi-Judicial Bodies

  • SC questions govt over Tribunal Reforms Bill

    The Supreme Court has challenged the government to produce material showing its reasons for introducing the Tribunal Reforms Bill of 2021, which abolishes nine appellate tribunals and revives provisions of an ordinance struck down by the Supreme Court, in the Parliament.

    What are Tribunals?

    • Tribunals are specialist judicial bodies that decide disputes in a particular area of law.
    • They are institutions established for discharging judicial or quasi-judicial duties.
    • The objective may be to reduce the caseload of the judiciary or to bring in subject expertise for technical matters.

    Do you know?

    The Income Tax Appellate Tribunal was established as the first Tribunal in India back in 1941.

    Creation of Tribunals

    In 1976, Articles 323A and 323B were inserted in the Constitution of India through the 42nd Amendment.

    • Article 323A: This empowered Parliament to constitute administrative Tribunals (both at central and state level) for adjudication of matters related to recruitment and conditions of service of public servants.
    • Article 323B: This specified certain subjects (such as taxation and land reforms) for which Parliament or state legislatures may constitute tribunals by enacting a law.
    • In 2010, the Supreme Court clarified that the subject matters under Article 323B are not exclusive, and legislatures are empowered to create tribunals on any subject matters under their purview as specified in the Seventh Schedule.

    SC stance on Tribunals

    • The Supreme Court has ruled that tribunals, being quasi-judicial bodies, should have the same level of independence from the executive as the judiciary.
    • Key factors include the mode of selection of members, the composition of tribunals, and the terms and tenure of service.
    • In order to ensure that tribunals are independent of the executive, the Supreme Court had recommended that all administrative matters be managed by the law ministry rather than the ministry associated with the subject area.
    • Later, the Court recommended the creation of an independent National Tribunals Commission for the administration of tribunals.
    • These recommendations have not been implemented.

    Issues with tribunals

    • Pendency: Whereas the reasoning for setting up some tribunals was to reduce the pendency of cases in courts, several tribunals are facing the issue of a large caseload and pendency.
    • No appointment: With over 240 vacancies in key tribunals where thousands of cases were pending, not a single appointment had been made by the government in any of these tribunals till date.

    Tribunals Reforms Bill, 2021

     

    What is the recent news?

    • A three-judge Bench led by CJI has put the government on the dock about the complete absence of material justifying the Bill and also the lack of proper debate in the Parliament.
    • The provisions regarding conditions of service and tenure of Tribunal Members and Chairpersons were struck down by the Supreme Court.
    • However, the same provisions re-appeared in the Tribunal Reforms Bill recently passed.
    • The court has also noted its reservations against the complete dissolution of some tribunals.

    What happens to cases pending before the tribunals are dissolved?

    • These cases will be transferred to High Courts or commercial civil courts immediately. Legal experts have been divided on the efficacy of the government’s move.
    • While on the one hand, the cases might get a faster hearing and disposal if taken to High Courts, experts fear that the lack of specialization in regular courts could be detrimental to the decision-making process.
    • For example, the FCAT exclusively heard decisions appealing against decisions of the censor board, which requires expertise in art and cinema.

    Observations made by the Court

    • With over 240 vacancies in key tribunals where thousands of cases were pending, not a single appointment had been made by the government in any of these tribunals to date.
    • The CJI repeated his question of whether the government was moving towards closing down the tribunals.

    A new flashpoint between Executive and Judiciary

    • The verdict discussed the possibility of legislation overriding the court’s directions.
    • In other cases, too, the SC and Parliament have been at loggerheads on the issue of rationalization of tribunals.

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  • [pib] National Commission for Women

    The Central Government has nominated Smt. Rekha Sharma, as Chairperson of the National Commission for Women for another term of three years.

    National Commission for Women

    • The NCW is the statutory body generally concerned with advising the government on all policy matters affecting women.
    • It was established on 31 January 1992 under the provisions of the Indian Constitution as defined in the 1990 National Commission for Women Act.
    • The first head of the commission was Jayanti Patnaik.

    Constitutional provision

    • The Indian Constitution doesn’t contain any provision specifically made to favor women intrinsically.
    • Article 15 (3), Article 14 and Article 21 protect and safeguard women. They are more gender-neutral.

    Objectives

    • The objective of the NCW is to represent the rights of women in India and to provide a voice for their issues and concerns.
    • The subjects of their campaigns have included dowry, politics, religion, equal representation for women in jobs, and the exploitation of women for labor.
    • They have also discussed police abuses against women.

    Composition of National Commission for Women

    The Commission shall consist of:

    • A Chairperson, committed to the cause of women, to be nominated by the Central Government.
    • five Members to be nominated by the Central Government from amongst persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, management of an industry potential of women, women’s voluntary organizations (including women activist), administration, economic development, health, education or social welfare;
    • Provided that at least one Member each shall be from amongst persons belonging to the Scheduled Castes and Scheduled Tribes respectively;

    Powers of NCW

    • Provide consultation on all major policy matters that affect women.
    • Issuing summons for the examination of documents and the witnesses.
    • It has the power to make any public record.
    • Receiving evidence on affidavits
    • Discovery and production of documents
    • Summoning and enforcement

    Functions of the NCW

    • Presentation of reports: Table reports should be submitted to the Central Government every year. When the commission feels it’s appropriate. The reports upon the functioning and working of the safeguards.
    • Investigation and Examination: There should be proper investigation and examination made under the Constitution and other laws. This is related to the protection of the rights of women.
    • Review of laws: Constantly all laws are reviewed and scrutinized. And necessary amendments and alterations are made to meet the needs of the current world.
    • Cases of Violation: Ensure there is no violation against women and taking due care of such cases.
    • Suo Motu Notice: It takes care of complaints and also suo motu matters about the deprivation of rights of women. Implementation of laws favoring the welfare of women.
    • Evaluation: Assessing the development and the progress of the women community under the Center and State level.
    • Special studies and investigation: To understand the limitations in the system and curb it with strategic plans and mechanisms.

    Powers of the NCW

    • Not concrete powers: The NCW is only recommendatory and has no power to enforce its decisions. Often it takes action only if the issues are brought to light.
    • Legal powers: Commission lacks constitutional status, and thus has no legal powers to summon police officers or witnesses.
    • Less funding: NCW’s functions are dependent on the grants offered by the central government. Financial assistance provided to the Commission is very less to cater to its needs.
    • Political interference: It does not have the power to choose its own members.

  • Tribunals Reforms Bill, 2021

    The Lok Sabha has hastily passed the Tribunals Reforms Bill, 2021 without any debate.

    Highlights of the Tribunals Reforms Bill, 2021

    The Bill seeks to dissolve certain existing appellate bodies and transfer their functions (such as adjudication of appeals) to other existing judicial bodies:

    Transfer of functions of key appellate bodies as proposed under the Bill:

    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

     

    Amendments to the Finance Act, 2017:

    • The Finance Act, 2017 merged tribunals based on domain.
    • It also empowered the central government to notify rules on: (i) composition of search-cum-selection committees, (ii) qualifications of tribunal members, and (iii) their terms and conditions of service (such as their removal and salaries).
    • The Bill removes these provisions from the Finance Act, 2017.
    • Provisions on the composition of selection committees and term of office have been included in the Bill. Qualification of members and other terms and conditions of service will be notified by the central government.

  • Appointment of Election Commissioners

    President Ram Nath Kovind on Tuesday appointed of Anup Chandra Pandey, a retired Uttar Pradesh cadre IAS officer, to the post of Election Commissioner.

    Election Commission of India (ECI)

    • The ECI is a constitutional body responsible for administering elections in India according to the rules and regulations mentioned in the Constitution of India.
    • It was established on January 25, 1950.
    • The major aim of the election commission of India is to define and control the process for elections conducted at various levels, Parliament, State Legislatures, and the offices of the President and Vice President of India.
    • It can be said that the Election Commission of India ensures the smooth and successful operation of the democracy.

    Functions

    According to Article 324 of the Indian Constitution:

    • the ECI has superintendence, direction, and control of the entire process for conduct of elections to Parliament and Legislature (state legislative assembly & state legislative council) of every State and to
    • the offices of President and Vice-President of India

    Answer this PYQ in the comment box:

    Q.Consider the following statements:

    1. The Election Commission of India is a five-member body.
    2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
    3. Election Commission resolves the disputes relating to splits/mergers of recognized political parties.

    Which of the statements given above is/are correct? (CSP 2017)

    (a) 1 and 2 only

    (b) 2 only

    (c) 2 and 3 only

    (d) 3 only

    Its composition

    • Initially, the commission had only a Chief Election Commissioner. Presently, it consists of a Chief Election Commissioner and two Election Commissioners.
    • For the first time, two additional Commissioners were appointed on 16th October 1989 but they had a very short term till 1st January 1990.
    • Afterward, on 1st October 1993, two additional Election Commissioners were appointed.
    • The concept of a multi-member Commission has been in operation since then, with decision-making power by majority vote.

    Appointment & Tenure of Commissioners

    • The President has the power to select Chief Election Commissioner and Election Commissioners.
    • They have a tenure of six years, or up to the age of 65 years, whichever is earlier.
    • They have the same status and receive pay and perks as available to Judges of the Supreme Court of India.
    • The CEC can be removed from office only through accusation by Parliament.
    • The election commissioner or a regional commissioner shall not be removed from office except on the recommendation of the CEC.

  • IBF to cover Streaming Platforms

    The Indian Broadcasting Foundation (IBF), the apex body of broadcasters, is expanding its purview to cover digital streaming platforms and will be renamed the Indian Broadcasting and Digital Foundation (IBDF).

    Why such a move?

    • The move would bring broadcasters and OTT (over-the-top) platforms, which have seen a substantial jump in their viewership base after the pandemic, under one roof.
    • For this, the IBDF was in the process of forming a new wholly-owned subsidiary to handle all matters of digital media, an official statement said.
    • The IBDF would also form a self-regulatory body, the Digital Media Content Regulatory Council (DMCRC), for digital OTT platforms.

    Indian Broadcasting Foundation

    • The IBF is a unified representative body of television broadcasters in India.
    • The organization was founded in the year 1999. Over 250 Indian television channels are associated with it.
    • The organization is credited as the spokesman of the Indian Broadcasting Industry.
    • The IBF is the parent organization of the Broadcasting Content Complaints Council (BCCC) which was set up in the year 2011.
    • The BCCC examines content-related complaints relating to all non-news general entertainment channels in India.

    Note: The IBF has no statutory backing.

  • [pib] Competition Commission of India

    Union Minister of Finance and Corporate Affairs recently commemorated the 12th Annual Day of the Competition Commission of India (CCI).

    Competition Commission of India

    • CCI is the competition regulator in India.
    • It is a statutory body responsible for enforcing The Competition Act, 2002 and promoting competition throughout India and preventing activities that have an appreciable adverse effect on competition in India.
    • It was established on 14 October 2003. It became fully functional in May 2009.

    Its establishment

    • The idea of CCI was conceived and introduced in the form of The Competition Act, 2002 by the Vajpayee government.
    • A need was felt to promote competition and private enterprise especially in the light of 1991 Indian economic liberalization.
    • The Competition Act, 2002, as amended by the Competition (Amendment) Act, 2007, follows the philosophy of modern competition laws.
    • The Act prohibits anti-competitive agreements, abuse of dominant position by enterprises, and regulates combinations (acquisition, acquiring of control, and Merger and acquisition), which causes or likely to cause an appreciable adverse effect on competition within India.

  • It is time to set up a National Tribunals Commission

    Context

    • The Centre has abolished several appellate tribunals and authorities and transferred their jurisdiction to other existing judicial bodies through the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance 2021.

    Issues with the abolitions of tribunals

    • The Ordinance has met with sharp criticism for not bypassing the usual legislative process.
    • Several tribunals such as the Film Certification Appellate Tribunal were abolished without any stakeholder consultation. 
    • Despite the Supreme Court’s direction in Rojer Mathew v. South Indian Bank (2019), no judicial impact assessment was conducted prior to abolishing the tribunals through this Ordinance.
    • While the Ordinance has incorporated the suggestions made in Madras Bar Association v. Union of India (2020) on the composition of a search-cum-selection committee.
    • But it has disregarded the court’s direction in Madras Bar Association v. Union of India (2020) for fixing a five-year term.

    No NCT constituted

    • Further, the Centre is yet to constitute a National Tribunals Commission (NTC), an independent umbrella body to supervise the functioning of tribunals, appointment of and disciplinary proceedings against members, and to take care of administrative and infrastructural needs of the tribunals.
    • The idea of an NTC was first mooted in L. Chandra Kumar v. Union of India (1997).
    • Developing an independent oversight body for accountable governance requires a legal framework that protects its independence and impartiality.
    • Therefore, the NTC must be established vide a constitutional amendment or be backed by a statute that guarantees it functional, operational and financial independence.
    • As the Finance Ministry has been vested with the responsibility for tribunals until the NTC is constituted, it should come up with a transition plan. 

    Advantages of NTC

    • The NTC would ideally take on some duties relating to administration and oversight.
    • It could set performance standards for the efficiency of tribunals and their own administrative processes.
    • It could function as an independent recruitment body to develop and operationalise the procedure for disciplinary proceedings and appointment of tribunal members.
    • Giving the NTC the authority to set members’ salaries, allowances, and other service conditions, subject to regulations, would help maintain tribunals’ independence.

    Consider the question “What are the issues with Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance 2021? How the constitution of the National Tribunals Commission would help to improve the role played by tribunals?” 

    Conclusion

    The way to reform the tribunal system is to look at solutions from a systemic perspective supported by evidence. Establishing the NTC will definitely entail a radical restructuring of the present tribunals system.

  • [pib] Income Tax Appellate Tribunal

    PM will inaugurate the office cum residential complex of Income Tax Appellate Tribunal (ITAT) at Cuttack in Odisha.

    Income Tax Appellate Tribunal

    • Income Tax Appellate Tribunal, also known as ITAT, is an important statutory body in the field of direct taxes and its orders are accepted as final, on findings of fact.
    • ITAT was the first Tribunal to be created on 25th January, 1941 and is also known as ‘Mother Tribunal’.
    • Starting with three benches, at Delhi, Bombay and Calcutta it has now grown to 63 Benches and two circuit benches spread across thirty cities of India.
    • With a view to ensuring highest degree of independence of the ITAT, it functions under the Department of Legal Affairs in the Ministry of Law and Justice and is kept away from any kind of control by the Ministry of Finance.

    Did you notice this?

    ITAT was the very first tribunal constituted in India! And it functions under the Ministry of Law and Justice and not the obvious looking Ministry of Finance.

    It’s Functioning

    • It is the second appellate authority under the direct taxes and first independent forum in its appellate hierarchy.
    • The orders passed by the ITAT can be subjected to appellate challenge, on substantial questions of law, before the respective High Court.
    • Monetary limit for deciding an appeal by a single member Bench of ITAT enhanced from ₹15 lakh to ₹50 lakh in 2016 Union Budget.

  • [pib] Status of Mahanadi Tribunal

    At present, the Mahanadi dispute is under adjudication in the Tribunal under Section 5 (2) of Inter-State River Water Disputes Act, 1956

    Note the interrelation between the Article 262 and 253.They contain provisions related to international and interstate water sharing.

    Mahanadi Tribunal

    • The Central Government has constituted Mahanadi Water Disputes Tribunal in 2018 under Section 4 of the Inter-State River Water Disputes Act, 1956.
    • It is set to adjudicate on water disputes between the riparian States of Odisha and Chhattisgarh
    • The tribunal is expected to give its verdict within a period of three years.
    • Provided that if the decision cannot be given for an unavoidable reason, within a period of three years, the Central Government may extend the period for a further period not exceeding two years.

    What is the dispute about?

    • Chhattisgarh has been constructing dams and weirs (small dams) upstream the Mahanadi. This is being allegedly carried on without consulting Odisha.
    • It would affect the flow of the river downstream and affect drinking water supply. Also, it would impact the irrigation facilities in Odisha and adversely affect the interests of the farmers.
    • Moreover, the weirs and other projects would impact the flow of water in the Hirakud reservoir, a multipurpose river valley project, which is a lifeline for many in the state.

    Back2Basics: Water Disputes Resolution in India

    • The Interstate River Water Disputes Act, 1956 (IRWD Act) is an Act of the Parliament of India enacted under Article 262 of Constitution of India on the eve of the reorganization of states on the linguistic basis to resolve the water disputes that would arise in the use, control and distribution of an interstate river[1] or river valley.
    • Article 262 of the Indian Constitution provides a role for the Central government in adjudicating conflicts surrounding inter-state rivers that arise among the state/regional governments.
    • This Act further has undergone amendments subsequently and its most recent amendment took place in the year 2002.
    • A/c to art 262, the Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.
    • Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint.

    Note: Any river water sharing treaty made with other countries, has to be ratified by the Parliament as per Article 253 after deciding the share of the Indian riparian states per Article 262 to make the treaty constitutionally valid or enforceable by the judiciary. The government has signed Indus Waters Treaty with Pakistan, Ganga water-sharing treaty with Bangladesh, etc. without the ratification by the Parliament and the consent of concerned riparian states per Article 252.

  • National Council for Transgender Persons

    The Ministry of Social Justice and Empowerment has constituted the National Council for Transgender Persons.

    Try this question for mains:

    Q.Discuss the salient features of the Transgender Persons (Protection of Rights) Bill, 2019. What are its various shortcomings?

    National Council for Transgender Persons

    • It has been a requirement under the Transgender Persons (Protection of Rights) Act, 2019.
    • The Social Justice Minister would be the chairperson of the Council.
    • The members would include officials of the Ministries of Health, MHA, MoHUA, Minority Affairs, HRD etc. among others.
    • The council also includes five nominated members from the transgender community.

    Its mandate

    • The council would work with States to ensure that transgender welfare boards are set up in all States and essential needs of the community, like housing, food, healthcare and education are met.

    Also read:

    https://www.civilsdaily.com/news/parliament-passes-transgender-persons-protection-of-rights-bill-2019/