#Dakshadialogues: Justice Deepak Gupta On Tribunals In India

Theme: Tribunals in India: Independent Judicial Bodies or Extended Arm of the Political Executive?

Date: Wednesday, 20^th May 2020

Time: 11:00 AM IST

Justice Deepak Gupta, a former judge of the Supreme Court of India, was part of the 5-judge bench in Rojer Mathew v. South Indian Bank. This important case dealt with a legislative measure that struck at the heart of judicial independence – the restructuring of tribunals. The Ministry of Finance had introduced an entire Part XIV in Finance Act, 2017, doing away with the existing process for the selection of members to twenty-six different tribunals. In a single stroke, eight such tribunals were abolished and their functions merged with seven other tribunals without properly taking stock of the capacity and existing worklog in these seven tribunals. He had famously struck a part-concurring, part-dissenting note in Rojer Mathew.

Justice Gupta will share his thoughts on:

• The history of, and various policy objectives sought to be served by, tribunalisation in India;
• The reality of India's tribunals;
• The push back against tribunalisation in order to preserve judicial independence;
• The decision in Rojer Mathew, and how it seeks to strike a balance between efficiency and independence;
• The case for institutional reform and the way ahead.

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