B. Lack of Independence with Tribunals:

Appointment: While tribunal chairpersons are appointed after consulting the Chief Justice of India, members are typically recommended by selection committees, which are often not independent, since secretaries of the sponsoring department are a part of them. Moreover, several department bureaucrats are appointed as tribunal members. Since departments also fund and assist with the day-to-day administration of these tribunals, it creates a clear conflict of interest when decisions by these departments are challenged in the tribunals they administer.

Removal: Since the procedure for removal of members lies with the executive, there exists a possibility of influencing the decisions passed by the tribunals. No such safeguard as impeachment exists for tribunal members.

Nodal Ministry: Tribunals are entirely dependent on their nodal ministries for their day-to-day functioning. These ministries can compromise the functioning of the tribunal by providing inadequate resources with the aim of arm-twisting the tribunal into passing favourable orders or not able to function at all.

Proclivity to Appoint Retired Judges and Bureaucrats: It has the potential to compromise the integrity of the judiciary as such positions act as a lure for post- retirement plans for government servants.