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Green and raw: The Hindu Editorial on 'tribunalisation' of justice


Centre should clarify how far experience can be treated as expertise for tribunal posts
The establishment of tribunals as adjudicatory bodies in specific fields is based on the idea that specialisation and expertise are required to decide complex cases of a technical nature. The ‘tribunalisation’ of justice is driven by the recognition that it would be cost-effective, accessible and give scope for utilising expertise in the respective fields. Central to this scheme is the principle that the ‘experts’ appointed to these tribunals should bring in special knowledge and experience. These criteria came under focus recently when the appointment of former IAS officer, Girija Vaidyanathan, as Expert Member in the Southern Bench of the NGT, was challenged in the Madras High Court. Even though the court initially granted an interim stay on her appointment, it ruled that she was not ineligible, going by the criteria in the NGT Act. She was found to have fulfilled the eligibility ....

Tamil Nadu , Girija Vaidyanathan , Supreme Court , National Tribunals Commission , Madras High Court , Expert Member , Southern Bench , Madras High , State Pollution Control Board , Health Secretary , தமிழ் நாடு , கிரிஜா வைத்தியநாதன் , உச்ச நீதிமன்றம் , தேசிய தீர்ப்பாயங்கள் தரகு , மெட்ராஸ் உயர் நீதிமன்றம் , நிபுணர் உறுப்பினர் , தெற்கு பெஞ்ச் , மெட்ராஸ் உயர் , நிலை பொல்யூஶந் கட்டுப்பாடு பலகை , ஆரோக்கியம் செயலாளர் ,

Madras Bar Association Moves Supreme Court Challenging Tribunals Reforms Ordinance 2021


Madras Bar Association Moves Supreme Court Challenging Tribunals Reforms Ordinance 2021
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The Madras Bar Association has filed a writ petition in the Supreme Court challenging the
Sections 184 and 186 of the
Finance Act 2017 give Central Government rule-making power in relation to the mode of appointment, terms of service, allowances of members etc., of various Tribunals.
The Ordinance, promulgated by the President on April 5, follows the Rules made by the Centre in 2017 and 2020, which came under severe criticism from the Supreme Court. The 2017 Tribunal Rules were quashed by the Supreme Court in the 2019 case
Rojer Mathew vs South Indian Bank Ltd and otherson the ground that they affected judicial independence. Following that, the Centre framed another set of Rules in February 2020. The Madras Bar Association had challenged the 2020 Tribunal Rules contending that they were inconsistent with the judgments in ....

Tamil Nadu , Rojer Mathew , L Nageswara Rao , Arvindp Datar , Hemant Gupta , Indian Bank Ltd , Madras Bar Association , Union Of India , Honble Court , Conditions Of Service Ordinance , Supreme Court , National Tribunals Commission , National Tribunal Commission , High Court , Tribunals Reforms , Finance Act , Central Government , South Indian Bank Ltd , Tribunal Reforms Ordinance , Senior Advocate Arvindp Datar , Justicesl Nageswara Rao , National Tribunal , Film Certification Appellate Tribunal , Tribunals Reforms Ordinance , Madras Bar Association , Supreme Court ,