Law Ministry notifies rules for National Tribunals Commission and tribunal selection
The Union Law Ministry has notified rules under which the new National Tribunals Commission will select chairpersons and members for 16 tribunals and appellate bodies. Issued on September 30, the rules standardise eligibility and recruitment, create an inquiry mechanism for misconduct complaints, and fix monthly pay at ₹2.5 lakh for the commission chairperson and ₹2.25 lakh for members.
Syllabus: GS2 · Separation of Powers; Prelims · Polity & Governance; GS2 · Statutory & Regulatory Bodies
Why it matters
A taxpayer disputing a demand, a government employee challenging a transfer or a resident opposing a polluting factory has the case heard by a tribunal, not a regular court. The government is often the opposite party in such cases, so who chooses the tribunal's members matters. Under the new system a committee chaired by a former judge recommends a single name, and the Central Government has to make the appointment within three months. The search must begin at least six months before a seat falls vacant, so that benches do not stay empty; the Supreme Court had noted that posts left unfilled for long made tribunals non-functional. The larger issue is the separation of powers: bodies doing the work of courts need freedom from executive control.
Prelims pointers
- National Tribunals Commission: a statutory body under the Tribunals Reforms Act, 2026, headquartered in New Delhi, with a Chairperson and four Members, two Judicial and two Technical.
- Commission's Chairperson: a former Supreme Court judge or High Court Chief Justice, appointed by the Central Government after consulting the Chief Justice of India; term five years or age 70.
- Tribunal chairpersons and members serve five years, up to age 70 for chairpersons and 67 for members, and can be considered for reappointment.
- Article 323A: Parliament may provide for administrative tribunals for service matters. The Central Administrative Tribunal was set up under the Administrative Tribunals Act, 1985.
- Article 323B: Parliament or a State Legislature may set up tribunals for listed subjects such as taxation, land reforms, industrial and labour disputes and elections.
- Part XIV-A of the Constitution, which holds Article 323A and Article 323B, was added by the Constitution (42nd Amendment) Act, 1976.
- L. Chandra Kumar (1997): tribunal decisions can be challenged before a High Court Division Bench; judicial review under Articles 226, 227 and 32 is part of the basic structure.
- The Comptroller and Auditor General of India audits the Commission's accounts, and the audit report is laid before both Houses of Parliament.
Practise a UPSC-style question
With reference to the National Tribunals Commission, consider the following statements:
1. It is a statutory body provided for in the Tribunals Reforms Act, 2026.
2. Its Chairperson and Members are appointed by the Chief Justice of India.
3. It consists of a Chairperson, two Judicial Members and two Technical Members.
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Show the answer
Answer: (c) 1 and 3 only
1 is correct: the Tribunals Reforms Act, 2026 provides for the National Tribunals Commission, with its headquarters at New Delhi, so it is a statutory body. 2 is incorrect: the Central Government appoints the Chairperson and the Members; it consults the Chief Justice of India before appointing the Chairperson and the Judicial Members. 3 is correct: the Commission has a Chairperson and four Members, two of them Judicial Members and two Technical Members.
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