Syllabus: Statutory, regulatory and various quasi-judicial bodies.
Context: Supreme Court struck down provisions of Tribunal Reforms Act 2021, directing Centre to establish National Tribunal Commission within four months to ensure tribunal independence and transparency.
More in News:
- The CJI-led Bench held that the 2021 Act was a repackaged version of the ordinance struck down earlier for violating tribunal independence.
- The Court ruled that provisions enabling executive control over appointments, tenure, and service conditions were unconstitutional and weakened institutional autonomy.
- The Court stressed the need for a National Tribunal Commission as a structural safeguard for independence, transparency, and uniformity across tribunals.
- Petitioners argued the Act revived the invalidated ordinance and enabled excessive government influence, especially problematic since the Centre is the largest litigant before tribunals.
- They also submitted that the Act was passed without proper debate, undermining constitutional principles and the basic feature of judicial review.
Tribunals Reforms Act, 2021
- Overview
- The Tribunals Reforms Act, 2021, enacted on 13 August 2021, aims to streamline India’s tribunal system by abolishing several appellate bodies and shifting their functions to the High Courts.
- It replaces the Tribunals Reforms Ordinance, 2021, and consolidates rules on appointments, tenure, service conditions and removal of tribunal members.
- Aims
- Reduce delays in justice delivery by integrating tribunal functions into the existing judiciary.
- Ensure uniform standards in appointments and service conditions across tribunals.
- Strengthen administrative efficiency and judicial accountability by curbing executive influence.
- Key Features
- Abolition of Certain Tribunals
- Removes bodies such as the Film Certification Appellate Tribunal, Intellectual Property Appellate Board, and Airport Appellate Tribunal.
- Their jurisdiction is transferred to High Courts.
- Centralised Appointment Mechanism
- Chairpersons and Members appointed by the Central Government based on recommendations of a Search-cum-Selection Committee chaired by the CJI or nominee.
- Tenure and Age Conditions
- Chairperson: 4-year tenure or up to 70 years of age.
- Members: 4-year tenure or up to 67 years.
- Minimum age of 50 years required for appointments.
- Transitional Provisions
- Members of abolished tribunals vacate office immediately.
- All pending matters automatically shift to High Courts.
- Government’s Power to Amend
- Centre can modify the Schedule of tribunals through notification.
- Abolition of Certain Tribunals
- Issues and Criticism
- Reintroduces provisions earlier struck down by the Supreme Court, raising concerns over judicial independence.
- Short four-year tenure may increase executive influence over reappointments.
- High minimum age excludes younger legal professionals from tribunal roles.
- Central Government retains dominant control over appointments, limiting autonomy.