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Tribunals must not be seen as an extension of the executive. Safeguarding the autonomy of tribunals is imperative to strengthen their ability to reduce the burden on the regular judiciary. Analyse.

Topic: Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.

4. Tribunals must not be seen as an extension of the executive. Safeguarding the autonomy of tribunals is imperative to strengthen their ability to reduce the burden on the regular judiciary. Analyse. (250 words)

Reference: Hindustan Times

Why this question:

In order to de-clutter SC of unnecessary burden and make justice affordable and accessible, it needs to be ensured that the high courts, being equally effective constitutional courts, practically become the last and final court in most litigation. Recent rules enhance the power of the executive and erode the independence of tribunals

Key demand of the question:

One must discuss the importance of the tribunals in strengthening the judiciary. Discuss the new rules that erode the independence of tribunals and implications of the same. Provide measures to ensure the independence of tribunals.

Directive:

analyze – When asked to analyze, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary.

Structure of the answer:

Introduction:

Start with an explanation and origin of the tribunals in India. Explain the importance of setting up tribunals in brief.

Body:

Discuss how the new rules are affecting the working of tribunals.

  • The new rules do not remove the control of parent administrative ministries over tribunals, that is, those ministries against which the tribunals have to pass orders.
  • This majorly affects certain tribunals such as the Armed Forces Tribunal wherein it functions under the same ministry which is the first opposite party in litigation and which also wields rule-making powers and controls finances, infrastructure and manpower.

Discuss the implications of the new rules.

Provide the measures to overcome the same.

Conclusion:

Conclude with way forward.