Setting up of Tribunal to settle issues of land title instead of settling through civil courts

 *Transferring the dispute settlements to tribunals, but not through civil courts is having a potential to cause unrest in civil society*

In a democratic system like India, an independent judiciary is a cornerstone for ensuring fair and impartial dispute resolution. 

The judiciary operates under the principles of separation of powers, where the executive and legislative branches are distinct from the judiciary to prevent undue influence. 

The independence of the judiciary is vital for upholding the rule of law and protecting citizens' rights.

When the government opts for bureaucrat-led tribunals to settle land disputes instead of the independent judiciary, concerns about bias and potential influence arise. 

The decision to appoint tribunal officers through government channels can be perceived as compromising the impartiality of dispute resolution.

 As Justice V.R. Krishna Iyer once said, "Justice should not only be done but should manifestly and undoubtedly be seen to be done."

The shift to tribunals might introduce a risk of government interference, raising questions about the tribunals' autonomy in rendering judgments. 

This goes against the democratic principles that mandate a separation of powers to maintain a system of checks and balances.

Additionally, the prolonged time in settling land disputes is a serious concern. 

Instead of addressing the root cause by enhancing the capacity of the judiciary or introducing alternative dispute resolution mechanisms, the decision to establish tribunals could potentially exacerbate delays and undermine the efficient resolution of disputes.

The repercussions of this move may extend beyond legal implications, leading to social unrest. 

The discontent among small farmers, coupled with the historical context of landlord-peasant conflicts, could fuel a sense of injustice and inequality.

 As Mahatma Gandhi aptly stated, "A small body of determined spirits fired by an unquenchable faith in their mission can alter the course of history."

To address land disputes effectively, the government should consider comprehensive judicial reforms, increased court infrastructure, and promotion of alternative dispute resolution methods. 

This would uphold the principles of an independent judiciary and contribute to a more equitable and just society.