New Delhi: Against the backdrop of an
ongoing debate over proliferation of tribunals, Chief Justice
of India KG Balakrishnan on Sunday said there were "compelling
reasons" for continuation of tribunals in the country as they
were more accessible to litigants.
"At an academic level, several arguments can be made
against `tribunalisation` of justice. However, keeping
practical considerations in mind there are also some
compelling reasons for continuing them," Balakrishnan said
addressing a conference of Central Administrative Tribunal
(CAT).
He said, with regard to administrative tribunals the
presence of administrative members considerably improves the
quality of adjudication since they are well-versed with the
everyday functioning of government departments, authorities
and PSUs, enabling them to better appreciate the grievances
brought before them.
"Furthermore, these tribunals are more accessible to
litigants, both in terms of lower costs and absence of complex
procedures," the CJI said.
Referring to a decision of a Constitution Bench, he
said it was desirable to continue with the administrative
tribunals despite the powers of the High Courts to scrutinise
their decisions.
"For one, if their decisions were not questioned
before the High Court, it would definitely contribute to the
piling up of service disputes before the Supreme Court," he
observed.
Balakrishnan said a significantly large proportion of
orders of the CAT benches are being questioned before the High
Courts, often on frivolous grounds "at the instance of
advocates rather than litigants".
Speaking on the occasion, Law Minister M Veerappa
Moily said CAT should not get entangled in technicalities
while dealing with a case.
He said by acquitting a corrupt official on technical
grounds it will get him justice "but deny justice to others".
The Law Minister was of the opinion that CAT rulings
should not unnecessarily "glorify" officials.
Narrating an incident, he said a particular government
official caught taking bribe was acquitted on technical
grounds. "He has since changed his name and is respected as an
educationist today," Moily said.
Minister of State for Personnel Prithviraj Chavan said
150 organisations were added under the purview of CAT. "More
organisations and all PSUs and public sector banks could be
brought in to decrease pressure on High Courts and Supreme
Court," he said.
Referring to the RTI Act, he said it would be amended
for "proactive disclosures". He, however, added that security
related issues would remain out of bounds of the Act.
Bureau Report
