unconstitutional functioning of DRT
Querist :
Anonymous
(Querist) 10 November 2010
This query is : Resolved
Despite Hon Supreme Court jdgmt that all Tribunals should be transferred to Ministry of Law & Justice, DRT is still functioning under Ministry of Finance. Is it not Contempt? If yes then who can file contempt case against Ministry of Finanace.
s.subramanian
(Expert) 10 November 2010
It is a matter of public interest. Even you can do it.
R.Ramachandran
(Expert) 10 November 2010
Dear Anonymous,
Can you please give the complete citation of the case in which the Supreme Court has held that "All Tribunals should be transferred to Ministry of Law and Justice"?
Chanchal Nag Chowdhury
(Expert) 10 November 2010
I am unaware about this judgment. Assuming it to be so, the SC can at most suggest & not command the Govt. This is within the Administrative jurisdiction of the Govt. & the court cannot interfere.
Kirti Kar Tripathi
(Expert) 11 November 2010
I am also unaware about this judgment. in case, you have copy of said judgment kindly make available so that we may go through and enlighten
R.Ramachandran
(Expert) 11 November 2010
Dear Anonymous,
Why are you not responding and giving the citation of the SC decision which you mentioned in your query.
R.Ramachandran
(Expert) 12 November 2010
Dear Anonymous,
I have completely gone through the decision of the Supreme Court in CIVIL APPEAL NO.3067 OF 2004 titled Union of India Vs. R. Gandhi, President, Madras Bar Association.
No where the SC has held that all Tribunals should be transferred to Ministry of Law & Justice, as wrongly mentioned by you.
All that the SC has held was as under in paragraph 56:
"(xiii) The administrative support for all Tribunals should be from the
Ministry of Law & Justice. Neither the Tribunals nor its members shall seek
or be provided with facilities from the respective sponsoring or parent
Ministries or concerned Department."
Only in order to ensure the independence of the Tribunals, the SC has held that all administrative support for all the Tribunals should be from the Ministry of law and Justice.
Unless you say that the Tribunals and its members are seeking from and or being provided with facilities by the respective sponsoring or parent Ministries of concerned Department, THERE WILL BE NO CONTEMPT WHATSOEVER.
