The session is being moderated by Abhikalp Singh and Aditya Khandekar.
In 1940s as well, British India had #Tribunals. Post Independence, in the first Law Commission Report was on Tribunals, he notes.
Can in the involvement of the executive in appointments of #Tribunal members be perceived as an attempt by the Executive to encroach upon judicial functions?
Has tribunalisation diluted the separation of powers?
If I was to given a one-line answer: Yes, says Senior Advocate Kaul
Over the decades, Govt after Govt has made a brazen attempt to do so, he says.
But even then, the LCI cautioned against executive adjudication, given the Separation of Powers, Kaul adds
He says that TDSAT is an exception.
It is telling when the SC struck down the rules in Rojer Mathews case, says Kaul
#Tribunals have completely failed on all parameters that they were meant for, whether it is for clearing arrears, being user-friendly, cost-effective...
1. Specialisation of members in a specific area
2. There are new kinds of jurisdictions that are not adversarial/court jurisdiction, but "regulatory jurisdiction"
If I had an advisory expert, I could have taken their views. How far the advice should be binding may then be left to the judges.
"At times I have felt hindered", because of the mindset difference between technical expert members and judicial members
Technical members may approach a problem thinking how can policy be questioned. The mindset is different from that to a judicially trained mind
Entry into some of these tribunals is a nightmare. He opines that one compound should be set up for the major tribunals
Should we need to completely dispense with the process of post-retirement appointment of Judges/ have some mandatory cooling-off period of 2 years?
Looking forward judges certainly undermine the stature of the majesty of justice dispensation of justice, Justice (retd) Kurien remarks
Joseph J. says that having created post-retirement posts, you cannot say complete no. "But I have personally decided not to take such appointment," he adds.
"I have seen such members in Tribunals who have shown their mettle. If "yes ministers" sit on left & right of chairman, there is no appearance of justice. It is a question of how fair justice is.."
To some extent, Court has also contributed in terms of delay in recommending appointments. When this happens, you give smoke to fire to rumour mills re judicial appointments.
"I am a passionate ADR person, I have trained myself to be..."
On a parting note, Justice (retd.) Kurien Joseph expresses that he "salutes" the @CANFOUNDATION2 for its efforts in remembering their roots and giving back.