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Report No. 272

B. 58th Report of Law Commission of India, 1974

4.5 The Commission in its 58th Report on 'Structure and Jurisdiction of the Higher Judiciary' observed:

'In regard to service matters, it is urged that a separate high powered tribunal or Commission should be set up to deal with service matters and this Commission should be presided over by a judge of the status of the Supreme Court Judge assisted by two independent experts, and the decisions of this tribunal or commission should be final, subject to the right of the public servant to approach the Supreme Court under Article 136 on the ground that his fundamental rights are violated. The terms and conditions of the service of members of this tribunal or commission should be similar to those of the judges of the Supreme Court.

But, if the supervisory jurisdiction of the High Court and the Supreme Court remains intact, and the decision of the service Court is subject to review by these higher Courts, we do not see how the creation of Service Courts will reduce the growing volume of arrears in these Courts.

In our opinion, the existing legal and constitutional position affords sufficient protection. We do not, therefore, recommend the creation of a separate Service Tribunal.'

4.6 The Commission recommended alternative dispute resolution mechanism to provide an amicable settlement to the parties at a speedier and cheaper rate.

Assessment of Statutory Frameworks of Tribunals in India Back

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