SC strikes down provisions of Tribunal Reforms Act, 2021
Context
The Supreme Court struck down several provisions of the Tribunal Reforms Act, 2021.
The law sought to restructure the tribunal system and gave the Union government dominant control over:
Appointments
Tenure
Salaries
Service conditions of tribunal chairpersons and members
Key Supreme Court observations
Parliament can design or alter the tribunal system, but must do so in a manner consistent with constitutional requirements:
Independence
Impartiality
Effective adjudication
The Act undermined these principles by enabling:
Excessive executive control
Arbitrary curtailment of tenure
Weakening of institutional autonomy
The court held that the Act struck at the core of judicial independence, which is part of the basic structure.
Criticism of the Act
Justice K. Vinod Chandran termed it “old wine in a new bottle”, saying Parliament merely repackaged the struck-down ordinance of 2021.
Chief Justice Gavai called the Act a “legislative override” of a binding SC judgment.
Key constitutional principles highlighted
Judicial review is a basic feature of the Constitution.
Parliament cannot enact laws in disregard of Supreme Court judgments.
Citing B.R. Ambedkar:
“If the executive is honest in working the Constitution, it must act in accordance with judicial decisions of the Supreme Court.”
Supreme Court directive
Directed the Centre to establish the National Tribunal Commission, long recommended as an “essential structural safeguard” ensuring:
Independence
Transparency
Uniformity in appointment, functioning, and administration of tribunals
Prelims Practice MCQs
Q. The Supreme Court struck down parts of the Tribunal Reforms Act, 2021 primarily because:
a) It increased the number of tribunals in India
b) It violated the principles of judicial independence and autonomy
c) It enhanced parliamentary oversight over tribunals
d) It abolished the system of appellate tribunals
Answer: b
Explanation:
The Court held that the Act allowed excessive executive control over appointments, tenure, and service conditions of tribunal members, thereby undermining independence — a constitutional requirement and part of the basic structure.
Q. The Supreme Court directed the establishment of the National Tribunal Commission for which of the following reasons?
To ensure independence and transparency in appointments
To create uniformity in tribunal procedures
To replace the judiciary’s appellate powers
To administer and oversee tribunals structurally
Select the correct answer:
a) 1 and 2 only
b) 1, 2 and 4
c) 2 and 3 only
d) 1, 3 and 4
Answer: b
Explanation:
The Commission is intended to improve structural independence, transparency, uniformity of functioning, and tribunal administration — not to replace judicial powers.