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He listed the new Real Estate law, new Bureau of Indian Standards (BIS) Act, the Ujjwala scheme and direct benefit transfers as steps taken to empower consumers in the last three years. The Real Estate Regulatory Act, for example, Mr. Modi said will protect home buyers from the builders’ monopoly. The builders will no longer able to cheat them by diverting funds of certain project to another. There will be a robust grievance redressal mechanism, he said.
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CURRENT AFFAIRS OCTOBER 2017 45 | Page 9004078746 [email protected] Law panel wants more autonomy for tribunals In a strong message to the government that appointments to tribunals and their functioning should remain independent of the executive's influence, the Law Commission of India has recommended that a Committee led by the Chief Justice of India should be in charge of the appointments of Chairman, Vice-Chairman and Judicial Members of the various central tribunals, which form a pillar of the country's justice delivery system. “While making the appointments to the Tribunal, it must be ensured that independence in working is maintained,” the report of the Law Commission, led by former Supreme Court judge, Justice (retired) B.S. Chauhan , said in its report to the government. In its report titled 'Assessment of Statutory Frameworks of Tribunals in India', submitted to the Law Ministry, the panel said, “ though the disposal rate of the tribunals in comparison to the filing of cases per year had been remarkable — 94% — the pendency remains high”. The tribunals perform an important and specialised role in justice mechanism. They take a load off the already over-burdened courts. They hear disputes related to the environment, armed forces, tax and administrative issues The Commission has suggested a common nodal agency, possibly under the Law Ministry, to both monitor the working of the tribunals and to ensure uniformity in the appointment, tenure and service conditions for the Chairman, Vice-Chairman and members . As of now, tribunals function under the very government department which may be a litigant before them, and probably, against which they may have to pass orders. Every order emanating from the tribunal or its appellate forum, wherever it exists, attains finality, the Commission recommended. In a marked departure from its earlier stand, the Commission recommended the restoration of the High Courts’ power of judicial review over the decisions of the tribunals. “The power of judicial review conferred on the High Courts is same as that of the Supreme Court, which is a basic feature of the Constitution and tinkered with only by amending of the Constitution,” the report said.
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CURRENT AFFAIRS OCTOBER 2017 46 | Page 9004078746 [email protected] Presently, parties are deprived of an opportunity to move high courts concerned against the orders of some tribunals and have to move the Supreme Court directly .
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