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VOL. 4, ISSUE 1 (2022)
The geoeconomics of decarbonization: Climate geopolitics, green industrial policy and the reconfiguration of the global order
Authors
Kousik Baidya
Abstract
The Tribunals Reforms Act, 2026 creates a
National Tribunals Commission (NTC) and gives it a seemingly benign but
constitutionally significant function: to review the performance of tribunals
and maintain a National Tribunals Data Grid. This paper argues that the new
performance-review power should not be treated as ordinary administrative
supervision. Tribunals exercise judicial power, and an efficiency regime that
rewards disposal numbers, reversal rates or outcome patterns can indirectly
influence adjudication as effectively as direct executive control. Drawing on the
Supreme Court's tribunal-independence jurisprudence, the 2026 statutory
framework, Indian studies on judicial efficiency, and comparative
court-performance systems, the paper develops a constitutional distinction
between institution-level administration metrics and adjudicator-level
decisional metrics. It proposes a three-tier 'independence-compatible
performance framework': green metrics that may be published and acted upon;
amber metrics that require contextual safeguards; and red metrics that should not
be tied to appointment, reappointment, discipline or budgetary consequences.
The central claim is that the NTC can become a genuine institutional safeguard
only if performance review is designed to measure the conditions of justice
rather than the substantive exercise of judicial judgment.
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Pages:56-60
How to cite this article:
Kousik Baidya "The geoeconomics of decarbonization: Climate geopolitics, green industrial policy and the reconfiguration of the global order". International Journal of Social Research and Development, Vol 4, Issue 1, 2022, Pages 56-60
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