Law Ministry wants administrative control over all tribunals
New Delhi: In a bid to end confusion over service conditions of tribunal heads and members, the Law Ministry is planning to bring all tribunals under its administrative control citing a Supreme Court order in support of the proposed move.
At present, there is an absence of clear-cut guidelines for prescribing retirement age of chairpersons or members of various tribunals with different ministries adopting different
"The practice being followed in fixing the age of retirement of chairpersons and members of various tribunals functioning in the country reveals that there exists no rationale in fixing different retirement age-limits," a recent Law Commission report had observed.
The Ministry has cited a 1997 Supreme Court judgement to push for its plan to become the nodal ministry for all tribunals.
But sources in the Law Ministry said other ministries are opposed to the move as it would mean losing the power to appoint chairperson of a tribunal which looks after cases or
matters related to that ministry.
Similar plans of the Ministry to push for such a move had failed in the past.
The apex court judgement in the L Chandra Kumar Vs Union of India states: "...We are of the view that, until a wholly independent agency for the administration of all such
Tribunals can be set-up, it is desirable that all such Tribunals should be, as far as possible, under a single nodal Ministry which will be in a position to oversee the working of these Tribunals. For a number of reasons that Ministry should appropriately be the Ministry of Law."
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