Supreme Court strikes down provisions of Tribunal Reforms Act, directs Govt to establish National Tribunal Commission
The Supreme Court ruled the 2021 Act violated judicial independence and directed the government to create a National Tribunals Commission within four months.
- On Tuesday, the Supreme Court bench of Chief Justice B.R. Gavai and Justice K. Vinod Chandran invalidated provisions of the Tribunal Reforms Act, 2021, and ordered the Centre to form a National Tribunals Commission within four months.
- Following the July 2021 order, the Union government re-enacted similar provisions from the Tribunal Reforms Ordinance, 2021 instead of curing defects identified by the July 2021 Supreme Court order.
- The bench rejected the government's 'abstract principles' defence, holding that executive control over appointments 'strikes at the core of the constitutional arrangement' and violates judicial independence and separation of powers, Gavai and Chandran ruled.
- The court said prior judicial directions will remain in force until Parliament acts, and appointments completed before the 2021 Act but notified afterward will be protected by parent statutes.
- Tribunals were created to reduce backlog and deliver technical expertise, but Chief Justice B.R. Gavai warned Tuesday that recurring issues add to court pendency, and Jairam Ramesh, Congress leader, argued the 2021 Act abolished nine key tribunals.
13 Articles
13 Articles
‘Violates separation of powers and judicial independence principles’: Supreme Court strikes down provisions of Tribunals Reforms Act
The bench of Chief Justice of India B R Gavai and K Vinod Chandran said provisions already struck down by it in an earlier Ordinance had been reenacted in the 2021 law with minor tweaks.
Supreme Court Strikes Down Key Provisions Of Tribunal Reforms Law
The Supreme Court on Wednesday directed the Centre to constitute a national tribunals commission within four months as it struck down key provisions of the 2021 Tribunals Reforms law related to appointment, tenure and service conditions of tribunal m
SC strikes down key provisions of Tribunals Reforms Act
New Delhi: The Supreme Court on Wednesday struck down several provisions of the 2021 Tribunals Reforms law related to the appointment, tenure, and service conditions of members of various tribunals, saying they had been re-enacted by the Centre with minor tweaks. A bench of Chief Justice B R Gavai and Justice K Vinod Chandran said the impugned provisions violated the principles of separation of powers and judicial independence, and they should n…
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