Lok Sabha Question No. 297 (STARRED), answered on 2017-03-22
Subject: Merger of Tribunals
Ministry: LAW AND JUSTICE
Asked by: NAGARAJAN P., GOPALAKRISHNAN CHINNARAJ

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE

## DEPARTMENT OF LEGAL AFFAIRS

## LOK SABHA

## STARRED QUESTION NO 297

## TO BE ANSWERED ON WEDNESDAY, THE 22 nd  March 2017

## Merger of Tribunals

## *297.     SHRI P. NAGARAJAN: DR. C. GOPALAKRISHNAN:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a)  whether  the  Union  Government  plans  to  merge  the  existing  36 tribunals in the country and bring down  their number  to 17 as
- recommended by the Indian Law Institute;
- (b) if so, the details thereof and the time by which the plan is likely to be executed;
- (c) whether the Government has consulted various Ministries under which the  said tribunals are  functioning  in  this  regard  and  received  their responses;
- (d) if so, the details thereof; and
- (e)  the  steps  taken/proposed  to  be  taken  by  the  Government  in  this regard?

## ANSWER

## MINISTER OF LAW AND JUSTICE AND ELECTRONICS AND

## INFORMATION TECHNOLOGY

## (SHRI RAVI SHANKAR PRASAD)

(a) to (e):   A Statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN REPLY TO PARTS (A) TO (E) OF THE LOK SABHA STARRED QUESTION NO.297 FOR 22.03.2017.

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Mushrooming  of  Tribunals  and  their  powers,  privileges,  functions and  authority  were  critically  examined  by  the  Apex  Court  in  its  several judgments and also by the Law Commission in its various reports.    The issue of merger/convergence of various Tribunals has been under consideration of  the  Government  for  quite  some  time.  The  matter  was  discussed  at  various levels including Indian Law Institute (ILI) and exhaustive study was undertaken for better laws and better governance.  ILI in its report considered 36 Tribunals and  after  assessing  the  purpose,  function  and  scope  of  all  these  Tribunals, recommended that the identified 36 Tribunals can be reduced to 17.

2. To further examine the report of the ILI, an Inter-Ministerial Group (IMG) under  the  chairmanship  of  Law  Secretary  was  constituted  which  examined  the merger/convergence  of  36  Tribunals  on  three  parameters  of their (i) functional requirements;  (ii)  qualifications,  and  (iii)  workload.  Thereafter,  a  phased-wise    Action Plan for the proposed merger of the aforesaid Tribunals including few other Tribunals and  authorities  was  prepared  in  consultation  with  all  the  concerned  administrative Ministries/Departments.
3. However, during the study undertaken on Merger/ Conversion of Tribunals, the number of Tribunals have been reduced by 5. The Company Law Board, Board for Industrial and Financial Reconstruction and Appellate Authority for Industrial and  Financial  Reconstruction  have  been  subsumed  into  National  Company  Law Tribunal  and  National  Company  Law  Appellate  Tribunal  and  two  Appellate  Tribunals, namely the Appellate   Tribunal for Prevention   of   Money   Laundering

-2- and     Appellate    Tribunal    for      Forfeited  Property  (NDPS)  have  been  converged  by providing for those appeals to be heard by the Appellate Tribunal under Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) through the Finance Act, 2016.  Further, Ministry of Water Resources has already introduced a Bill  in  the  Lok  Sabha to amend the Inter-State River Water Disputes Act, 1956 which inter-alia proposes  to  provide  for  a  single  standing  Tribunal    (with  multiple  benches) instead of multiple Tribunals.

4. To prevent duplicity, reduce burden on public exchequer, address multiplicity of agencies  working  in  connection  with  Tribunals,  rationalization  and distribution  of  work  as  some  of  the  Tribunals  did  not  have  sufficient  work,  delay  in appointment  and  also  facilitate  'ease  of  doing  business',  it  has  been  proposed  to merge/converge 17 Tribunals, Appellate Tribunals and other Authorities into 8 Tribunals,  Appellate  Tribunals  or  other  Authorities (Annexure) by  amending  the respective laws through Finance Bill, 2017.

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1. To merge Authority for Advance Ruling  - Customs Excise and Service Tax with the Authority for Advance Rulings - Income Tax.
2. Competition  Appellate  Tribunal  with  the  National  Company  Law  Appellate Tribunals.
3. National Highways Tribunal with the Airport Appellate Tribunal.
4. Appellate  Tribunal  under  Foreign  Exchange  Management  Act,  1999  with  the Appellate Tribunal under Smuggles and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976.
5. Railway Rates Tribunal with the Railway Claims Tribunal.
6. Cyber Appellate Tribunal and Airport Economic Regulatory Authority Appellate Tribunal with the Telecom Disputes Settlement and Appellate Tribunal.
7. Employees  Provident  Fund  Appellate  Tribunal  with  the  Central  Government Industrial Tribunal.
8. Copyright Board with the Intellectual Property Appellate Board.