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Situations Vacant

Heard enough of the adage Justice Delayed is Justice Denied? Here is a case of justice playing truant. India's tribunals and regulatory bodies are finding it hard to get people interested in their top jobs.

Published: Jul 28, 2009 12:00:34 PM IST
Updated: Feb 27, 2014 12:01:49 PM IST

Limited pay, lack of perks and poor working conditions are the reasons, say legal experts. As a result, the tribunals are ineffective in the dispensation of justice and can’t always guarantee the right of appeal to those with grievances.
Following is a quick look at the most affected legal bodies.

Securities and Appellate Tribunal (SAT)
The Purpose: Hears appeals against decisions passed by market regulator Securities and Exchange Board of India (SEBI) on subjects ranging from takeovers to initial public offerings (IPOs).
The Hole: Since January, there were two vacancies for the post of member. One was filled up in June, but the other remains vacant. For five months, there was no quorum for the proceedings, leading to a logjam of cases.

Image: Vidyanand Kamat
National Company Law Tribunal (NCLT)
The Purpose: Deals with company matters such as mergers, reduction of capital, winding up of companies and other matters heard by a host of courts and other authorities.
The Hole: It will consist of a president and 62 other members. There are supposed to be 25 benches in different cities in the country. No positions filled yet.

Appellate Tribunal for Electricity
The Purpose: To settle disputes in the power sector.
The Hole: Two technical members are retiring in the next six months. A judicial member is also due to retire in a few months. There was no technical member or chairperson for five months last year.

Competition Commission of India (CCI)
The Purpose: An independent body responsible for investigating mergers, market shares and conditions, besides regulating firms, CCI would ultimately replace the Monopolies and Restrictive Trade Practices Commission (MRTPC).
The Hole: The post of Director General lies vacant. None of the posts of experts have been appointed yet.

Telecom Disputes Settlement And Appellate Tribunal  (TDSAT)
The Purpose: Arbitration in telecom and broadcasting disputes.
The Hole: The tribunal had vacancies for several months in 2008. They were filled after many months. This led to several delays. Again, a member left more than a month ago and no replacement has been found yet.

(Compiled by Shloka Nath)

(This story appears in the 31 July, 2009 issue of Forbes India. To visit our Archives, click here.)

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