The Supreme Court recently struck down several provisions of the Tribunal Reforms Act, 2021, stating that they violated constitutional principles. The Court held that the government’s attempt to control tribunal appointments, service conditions, and tenure undermined judicial autonomy.
About Tribunals
- Tribunals are quasi-judicial bodies created to resolve specific types of disputes like taxation, environment, administrative, and corporate matters.
- They provide speedy, specialized, and cost-effective justice, reducing the burden on regular courts.
- 42nd Constitutional Amendment (1976) introduced Articles 323A and 323B, empowering Parliament to set up tribunals.
- Tribunal decisions are subject to judicial review under Articles 32 and 226, protecting fundamental rights.
Why the SC Struck Down Provisions
The Supreme Court observed that the 2021 Act:
- Allowed excessive government control over appointments, tenure, and salaries of tribunal members.
- Reduced tenure from five years to four, affecting independence and performance.
- Enabled the government to override recommendations of the selection committee, weakening autonomy.
- Was merely a repackaged version of the previous Tribunal Ordinance, which was already quashed by the Court in 2021.
SC’s Key Observations
- The Act violated the basic structure of the Constitution, particularly judicial independence and separation of powers.
- The Centre cannot ignore judgments of the Supreme Court, as judicial decisions are binding under Article 141.
- Judicial review (Article 13 & 32) is a basic feature, and any law undermining it is unconstitutional.
- A tribunal must have the same independence and credibility as a court.
Directions by the Supreme Court
- Ordered the Centre to establish a National Tribunals Commission to regulate appointments, service conditions, and ensure transparency.
- Directed that appointments be free from executive dominance, ensuring separation of powers.
- Urged reforms to make tribunals more uniform, accountable, and efficient.
Way Forward
- Establish an independent Tribunal Commission for standardized recruitment and administration.
- Ensure adequate tenure, salary protection, and autonomy to tribunal members.
- Promote technology, e-courts, and better case management for faster disposal.
Conclusion
Tribunal independence is vital for their credibility and for upholding justice. Any reform must strengthen, not weaken, judicial autonomy and constitutional supremacy.
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