2.7. Issues faced by Tribunals

♤ Lack of independence: Ministries, which are often litigants in the matters sub-judice in the tribunals are the ones that handle staff, finance and administration of tribunal as well. Also, unlike Supreme Court and High Court, procedure for removal lies with the executive.

♤ Jurisdiction of High Courts: By-passing the jurisdiction of High Courts has been a major criticism against tribunals which has been partly resolved under LC Kumar Case where appeals were allowed in division bench of High Courts. This has diluted the original intent behind the formation of tribunals i.e. speedy justice.

♤ Administrative concerns: There is non-uniformity in appointment process, qualification of members, age of retirement, resources and infrastructure of different tribunals working under different ministries which hampers their overall efficiency.

♤ Pendency and vacancy: There is high pendency in tribunals due to reasons such as shortage of personnel et al. According to 272nd Law Commission Report, the pendency figures for the CAT is 44,333 cases.