Working of Tribunals Flashcards

1
Q

Why is it in news ?

A

Recently Law commission of Indian in its 272nd report laid out a detailed procedure for working of tribunals in India

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2
Q

History of Tribunals establishment ?

A

1) 42nd Amendment Act
2) Recommendation of Swaran Singh committtee
3) Art 323A and Art 323B

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3
Q

Diff btw Art 323A and 323B ?

A

323A - Administrative tribunals

323B - Tribunals of other matters

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4
Q

What are the key fields of recommendation from Law commission of India ?

A

1) Qualification of Judges
2) Appointment of Chairman and members of tribunals
3) Selection of members of tribunals
4) Tenure

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5
Q

Recommendations regarding qualification of judges ?

A

In case of transfer of jurisdiction of HC to a tribunal , members of the newly formed tribunal should possess qualifications as of judges of HC

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6
Q

Recommendations regarding appointments ?

A

Vacancies arising in the tribunal should be filled up quickly by initiating the procedure well in time, preferably within 6 months prior to occurence of vacancy

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7
Q

Recommendations regarding selection of members ?

A

1) Members selection should be impartial with minimal involvement of govt agencies as govt is a party in litigation
2) Seperate selection committee for both judicial and administrative members must be formed

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8
Q

Recommendations regarding tenure ?

A

1) Chairman should hold office for 3yrs or until 70yrs

2) Vice chairman and members for 3yrs or until 67yrs

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