SC struck down provisions of Tribunals Reforms Act, 2021

Why in news?

The Supreme Court has struck down several provisions of the Tribunals Reforms Act, 2021 related to the appointment, tenure, and service conditions of members of various tribunals.

• Case Context – The Tribunals Reforms Act, 2021 sought to restructure tribunals, fix tenure of members, and alter appointment processes.
• SC’s Concern – The provisions curtailed judicial independence by giving the executive excessive control over appointments and tenure.
• Legislative Override – The judgment stated the Act merely tried to “repackage” provisions from the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, already been struck down as unconstitutional earlier.
• Struck Down Provisions –
  • Tenure of Tribunal Members – The Act fixed the tenure to 4 years, with age limits for chairpersons (70) and members (67).
    • The SC ruled that members must serve at least 5 years, the longer tenure ensures stability, independence and shield from executive influence.
  • Age Limits – The Act mandated that no person below 50 years could be appointed as a tribunal chairperson or member, undermining experienced candidates and violated Article 14 of Constitution.
  • Executive Dominance – The Act made the Search-cum-Selection Committee (SCSC) to send two names for each vacancy, giving the executive the final say, which weakened judicial independence in appointments.
    • Earlier, the Court had ordered the SCSC to send only one name per post, ensuring that judicial wisdom, not executive preference, determined appointments.
• National Tribunal Commission (NTC) – The Court directed the Union Government to set up a permanent, independent body to oversee appointments, tenure, and functioning of tribunals.

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• Constitutional Principles Invoked – The Court emphasized that tribunals are an extension of the judiciary, and executive dominance violates the basic structure doctrine—particularly the principles of separation of powers and judicial independence.

References

1. Indian Express | SC strikes down provisions of Tribunals Reforms Act
2. The Hindu | SC strikes down provisions of Tribunal Reforms Act