For many years now the Indian courts have handled more cases than they can possibly process so as to effectively deliver justice. To remedy this situation numerous “tribunals” were created, each responsible for resolving disputes arising in certain areas or fields (e.g., taxation, company law, environmental issues and administrative matters). However, with time, these tribunals have suffered from delays in rendering decisions, which have led to significant concerns regarding access to justice in a timely manner.
TRIBUNALS
“Tribunals” are quasi-judicial institutions created to relieve regular courts of their heavy dockets by providing a more efficient method for resolving disputes within specific areas of expertise. Examples of tribunals include the National Company Law Tribunal (NCLT) and the Income Tax Appellate Tribunal (ITAT), both of which provide an important service in adjudicating business and financial disputes.
THE INCREASING BACKLOG OF CASES
Unfortunately, many tribunals are currently experiencing a considerable backlog of cases. A variety of factors contribute to this situation, including:
- Lack of Members: Currently there are not enough judges conducting hearings in the respective tribunals.
- Insufficient Infrastructure: Many tribunals have an inadequate number of courtrooms and/or support staff, and are inadequately equipped with digital technology to assist with hearings as well as create and maintain necessary records.
- Frequent Adjournments: In many instances, hearings are delayed due to the inability of attorneys to appear, both because of their heavy caseloads and the burden placed on them by the courts’ procedures.
- Increased Litigation: A large part of the reason for the backlog of cases is the large increase in commercial and regulatory disputes that are being resolved through the courts, which has resulted in an increase in the number of cases being heard in the respective tribunals.
As a result of these issues, a system which was designed to provide speedier access to justice through simplified and more accessible mechanisms has created a situation in which a substantial number of cases in the tribunals are still pending.
Reforming India’s Tribunal Systems
The government of India has pursued numerous initiatives aimed at improving tribunal operations to mitigate the difficulties plaguing the tribunal system. A significant measure in this regard was the enactment of the Tribunal Reforms Act, 2021 (“Act”), which sought to make tribunal operations more efficient through:
- Rationalization of tribunal numbersStandardization of appointment processes
- Betterment of member service conditions
- Improvement of administrative efficiency
- Push for Digitalization
In addition, the Act was an effort to digitalize the tribunal system. Since the emergence of COVID-19, the use of e-filing and online hearings in tribunals has also grown.
Challenges of Implementation
Although the Act appears to present some promise, challenges to its implementation still remain. Concerns have been raised regarding the slow rates of appointment of tribunal members, executive control over tribunal operations, and a lack of judicial independence. The Supreme Court of India has intervened on multiple occasions to ensure equitable and efficient functioning of tribunes.
The Way Forward
To solve the issue of accumulated cases at the tribunals, efforts must extend beyond the promulgation of legislation. A few potential steps to be taken to expedite the reform process would be as follows:
- Filling judicial vacancies in a timely manner
- Improve technology and equipment in tribunals
- Protect independence of tribunals
- Implementing strict timeframes for the resolution of cases
While intended to solve the case backlog problem created by protracted prosecution, if effective solutions cannot be applied, the tribunal system will be part of the case backlog problem. A comprehensive approach consisting of legal reform, efficiency in proceedings, and a robust technological infrastructure will assist in restoring the tribunals’ original purpose.
Conclusion
Tribunal reforms are a step in the right direction, but much more needs to be done to reduce the backlog of cases. Ensuring speedy and accessible justice is not just a legal necessity but a fundamental pillar of a functioning democracy.
– Team Lawyer Talks