A national commission is essential to make appointments to tribunals
The issue of tribunals has been a source of considerable friction between the Government and the Court. They have often disagreed on the eligibility criteria and conditions of service and a series of judgments have gone against the Government. Clauses introducing changes to the conditions of service of members of the various Tribunals have often been subjected to judicial view. Courts want to ensure that a reasonable tenure was available to the appointees, and do not allow criteria related to age and experience to be used to undermine their independence. Tribunals have always been seen as institutions that were a rung lower in independence as regular courts, even though there is wide agreement that administrative tribunals are required for quicker and more focused adjudication of cases that required specialisation and domain expertise. As several laws now provide for such adjudicative bodies, the executive does have an interest in retaining some leverage over their members. The Supreme Court has repeatedly called for the establishment of a national tribunals commission to make suitable appointments and evaluate the functioning of tribunals. If the Government has been dragging its feet on this, it is only because there is a method to its mulishness.
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