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In Summary

  • Parliamentary Committee Report 166 highlights tribunal system issues: vacancies, contractual staff, backlogs, poor infrastructure, and IT gaps.
  • Recommendations include proactive recruitment, permanent staff, strict disposal targets, dedicated budgets, IT upgrades, and capacity building for domain-specific expertise.
  • Reforms aim to improve access to justice through multilingual information, universal filing, and expanded legal aid.

In Summary

The Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice presented its 166th Report on the ‘Review of Functioning of Tribunal System in the Country’.

Systemic Issues and Recommended Reforms across the Indian Tribunal System

Systemic IssueCross-Sectoral Impact & EvidenceRecommended Reforms

Vacancies in Presiding & Registry Cadres

  • Member vacancies halt hearings, while vacant registry posts disrupt court management. 
    • ITAT: 27 of 126 Member posts vacant; all 7 Deputy Registrar posts vacant.
    • NGT: Only 5 Judicial and 6 Expert Members against statutory minimum of 10 each.
  • Proactive recruitment: Start appointments before vacancies arise.
  •  Registry priority: Fill essential registry and support posts on priority through coordination with ministries/recruitment agencies.

Over-Reliance on Contractual & Outsourced Personnel

  • Temporary staff causes attrition, loss of institutional memory and weakens specialised court-management capacity. 
    • NCLT: >95% administrative staff contractual.
    • TDSAT: Staff strength frozen at 52 posts since 2001, increasing outsourcing dependence.
  • Stable cadres: Conduct staffing audits and create permanent posts. 
  • Reserve panels: Explore valid waiting/reserve lists to quickly replace resignations and reduce recruitment delays.

Escalating Backlogs & Timeline Breaches

  • Backlogs reduce public/creditor confidence, asset value and effectiveness of legal remedies. 
    • ITAT: 19,275 additional pending cases in 5 months. 
    • NCLT: Frequent breach of Corporate Insolvency Resolution Process (CIRP) timelines.
  • Strict targets: Enforce monthly disposal and order-pronouncement timelines.
  • Case management: Use stage-wise databases for legacy cases and dedicated subject Benches to balance dockets.

Inadequate & Ageing Infrastructure

  • Outdated/rented premises restrict expansion and modern court administration.
    • NCLT: Courtrooms fail NCMS standards. 
    • RCT: No separate capital budget; depends on Zonal Railways.
  • Dedicated capital budgets: Ensure financial autonomy and timely infrastructure development.
  • Modern courts: Replace rented/old premises with permanent complexes meeting judicial standards.

IT Obsolescence & Digital Transformation Gaps

  • Outdated IT, fragmented case-management systems and inadequate technical support restrict access and threaten data security.
    • NGT: No dedicated internal IT section.
    • NCLT: Existing e-Court portal has outlived its lifecycle.
  • Dedicated IT sections: Create permanent technical posts at all Benches.
  • Upgrades & audits: Fund hardware/software upgrades, prioritise NCLT 2.0 and conduct regular cyber-security audits.

Domain-Specific Gaps & Limited Public Access

  • Limited specialised training weakens technical benches; linguistic barriers restrict access to justice.
    • TDSAT: Member structure unchanged since 2001, creating gaps in cyber fraud, Aadhaar and AI. 
    • RCT: Legal aid available at only 9 of 23 benches.
  • Capacity building: Regular specialised training with technical institutions.
  • Access reforms: Multilingual information, universal filing systems such as a “Zero FIR” model, and expanded legal-aid desks.
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NCMS

National Court Management System, a framework and set of standards aimed at improving the efficiency and effectiveness of court administration.

Registry Cadres

The administrative and clerical staff supporting the functioning of a tribunal, responsible for case management, record-keeping, and procedural matters.

Presiding Officer

The Chairperson of the Rajya Sabha or the Speaker of the Lok Sabha. They are responsible for maintaining order, conducting the business of the House, and deciding on the admissibility of various parliamentary procedures, including privilege notices.

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