Judiciary or executive can`t create parallel court
Judicial authority like courts and quasi-judicial forums can be created only through a statute and not through court directions or executive orders, the SC has ruled warning that it would otherwise lead to chaos & confusion.
New Delhi: Judicial authority like courts and
quasi-judicial forums can be created only through a statute
and not through court directions or executive orders, the
Supreme Court has ruled warning that it would otherwise lead
to "chaos and confusion."
A bench of justices R V Raveendra and A K Patnaik said in
a ruling that any deviation from such norms would also
adversely affect the citizens` right as ad hoc bodies are
ill-equipped to deal with complicated issues.
"Creation, continuance or existence of a judicial
authority in a democracy must not depend on the discretion of
the executive but should be governed and regulated by
appropriate law enacted by a legislature.
"If the power to constitute and create judicial
tribunals by executive orders is recognised, there is every
likelihood of tribunals being created without appropriate
provisions in regard to their constitution, functions, powers,
appeals, revisions, and enforceability of their orders,
leading to chaos and confusion," Justice Raveendran writing
the judgement said.
The apex court made the remarks while quashing a
Bombay High Court direction for constituting a Grievance
Redressal Commission which would have powers to decide
grievances of teachers, their promotions, terminations and
other service conditions. The high court also ruled no court can entertain any
appeal against the Grievance Commission`s order which was to
be headed by a retired high court judge.
"There is also very real danger of citizen’s rights
being adversely affected by ad hoc authorities exercising
judicial functions who are not independent or competent to
adjudicate disputes and render binding decisions. Therefore,
the executive power of the state cannot be extended to
creating judicial tribunals or authorities exercising judicial
powers and rendering judicial decisions.
"Neither the Constitution nor any statute empowers a
High Court to create or constitute quasi-judicial tribunals
for adjudicating disputes. It has no legislative powers. Nor
can it direct the executive branch of the state government to
create or constitute quasi-judicial tribunals, otherwise than
by legislative statutes," the apex court said.