GS Paper 2
Topics Covered: Important statutory bodies.
Context:
The government has appointed 31 people as judicial, technical and accountant members at the National Company Law Tribunal (NCLT) and the Income Tax Appellate Tribunal (ITAT).
- These developments assume significance as they come amid the Supreme Court flagging concerns about vacancies in various tribunals.
Background:
There are around 250 posts lying vacant at various key tribunals and appellate tribunals such as the NCLT, the DRT, the TDSAT and the SAT.
- Supreme Court had recently flagged concerns, saying the Centre was “emasculating” tribunals by not appointing officials to the quasi-judicial bodies that are facing a staff crunch.
About NCLT:
- It is a quasi-judicial body in India that adjudicates issues relating to companies in India.
- Established on 1st June, 2016 (Companies Act, 2013).
- Formed based on the recommendations of the Justice Eradi Committee.
- It deals with matters mainly related to companies law and the insolvency law.
- Term of members: Appointments will be for five years from the date of assumption of charge or till attaining the age of 65 or until further orders.
About ITAT:
- It deals with income tax matters.
- It is statutory body in the field of direct taxes and its orders are accepted as final, on findings of fact.
- ITAT was the first Tribunal to be created on 25th January, 1941 and is also known as ‘Mother Tribunal’.
- With a view to ensuring highest degree of independence of the ITAT, it functions under the Department of Legal Affairs in the Ministry of Law and Justice and is kept away from any kind of control by the Ministry of Finance.
- The orders passed by the ITAT can be subjected to appellate challenge, on substantial questions of law, before the respective High Court.
Insta Curious:
Have you heard about ‘e-dwar’? It is a e-filing portal of Income Tax Appellate Tribunal (ITAT) launched recently. Know more about it, here.
InstaLinks:
Prelims Link:
- What are tribunals?
- Constitutional provisions in this regard.
- Composition and functions.
- Overview of the latest ordinance.
Mains Link:
Are tribunals a panacea for judicial efficiency? Does tribunalisation of justice undermine the principles set in our constitution? Examine.
Sources: the Hindu.
