# In the matter of Rojer Mathew Vs. South Indian Bank Limited And Ors. SLP (Civil) No. 15804-2017

> SC judgment dated 2018-05-07. Citation: TCN-2018-SC-00056. The case addresses the restructuring of the Tribunal System in India, focusing on its…

- **Court:** SC
- **Order date:** 7 May 2018
- **Citation:** TCN-2018-SC-00056
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/rojer-mathew-vs-south-indian-bank-limited-and-ors-slp-e8f3e7ab

## Summary

### Background

The case addresses the restructuring of the Tribunal System in India, focusing on its constitutional scheme and the need for independent, efficient, and accessible justice. It reviews the evolution of Tribunals to decongest courts and provide speedy justice, while also examining concerns about their effectiveness, competence, and accessibility. The court considers expert studies and committee reports highlighting issues such as lack of confidence in Tribunals, the need for judicial expertise, and the importance of independence from the executive branch. The case also examines the exclusion of judicial review by High Courts and direct appeals to the Supreme Court, which were deemed costly and inaccessible.

## Facts

The case revolves around the structure and functioning of Tribunals in India. Tribunals were established to decongest the court system and provide speedy and inexpensive justice. However, concerns have arisen regarding their effectiveness, independence, and accessibility. Key facts include: Expert committees and commissions have highlighted issues such as lack of competence, objectivity, and judicial approach in Tribunals. The exclusion of judicial review by High Courts and direct appeals to the Supreme Court have been deemed costly and inaccessible. The appointment process and qualifications of Tribunal members have been questioned, with concerns about the balance between technical expertise and judicial experience. The need for an independent oversight body to ensure

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## Issues and analysis

### Issue 1: Whether the restructuring of the Tribunal System in the light of the constitutional scheme is …

**Ratio:** The principle of separation of powers and the independence of the judiciary are

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**Reasoning:** The Court observed that various Tribunals have not evolved up to the expectations which

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**Interpretation:** This issue requires an interpretation of the constitutional principles related

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**Application:** The ratio and reasoning apply to the specific facts of the case by highlighting

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## Parties

- **Judges:** ADARSH KUMA…; Indu Mal…
- **Appellants:** ROJER M…
- **Respondents:** South Indian Bank…

## Timeline

- **2017-10-24 — Hearing…**: The present matter came up for hearing, and it was pointed out that the appointment,…
- **2017-12-06 — Interaction with…**: The Court had an interaction with the Attorney General on the issue of restructuring of…

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