The Supreme Court has invalidated key sections of the Tribunals Reforms Act, 2021, ruling that the central government’s framework for appointing tribunal members and determining their tenure violates the principles of judicial independence. The judgment was delivered by a bench headed by Chief Justice B. R. Gavai along with Justice K. Vinod Chandran.
According to the Court, the government reintroduced provisions that had already been struck down in earlier verdicts, changing only their wording while leaving the core issues untouched. The bench observed that such legislative action effectively attempted to override binding judicial decisions, something the Constitution does not permit.
Taking a firm stance, the Court also reprimanded the Union government for repeatedly disregarding prior directions concerning tribunals. As part of the corrective mandates, it instructed the Centre to establish a National Tribunals Commission within three months to streamline the administration of tribunal appointments and service conditions.
The verdict reinstates the previously accepted norms governing tenure. Members of bodies such as the ITAT and CESTAT will continue to serve until they reach 62 years of age, while their respective heads may remain in office until 65.
This ruling stems from challenges brought by the Madras Bar Association, parliamentarian Jairam Ramesh, and others, who argued that the 2021 Act diluted the autonomy of tribunals. Senior advocates, including Arvind Datar, appeared for the petitioners, while Attorney General R. Venkataramani represented the government.
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