Context: The Supreme Court of India has struck down multiple provisions of the Tribunals Reforms Act, 2021, citing violation of judicial independence, separation of powers, and past constitutional rulings. The Court observed that Parliament had repeatedly re-enacted provisions already invalidated in earlier Madras Bar Association (MBA) judgments, amounting to a legislative override of judicial decisions.
Why the SC Struck Down the Provisions
1. Re-enactment of Previously Invalidated Clauses
The Court held that the Central Government had introduced nearly identical provisions that had already been struck down in the MBA (2020 & 2021) cases, which amounted to colourable legislation.
2. Executive Dominance Over Appointments
Since the government is frequently a litigant before tribunals, allowing it control over:
- tenure,
- age limits,
- service conditions,
- and the final choice of members
undermines natural justice and the independence of adjudication.
3. National Tribunal Commission (NTC)
The Supreme Court directed the Centre to establish the National Tribunal Commission (NTC) within four months to ensure:
- independent appointments,
- uniform administration,
- transparent service rules, and
- reduced executive interference.
Struck-Down Provisions of the 2021 Act
1. Four-Year Tenure
The Act fixed a four-year term for chairpersons and members.
- SC held it unconstitutional because it increases dependence on the executive for reappointment and violates prior directions mandating at least a five-year term.
2. Minimum Age of 50 Years
- The Court struck this down for being discriminatory and blocking younger, competent advocates from entering tribunal service.
3. Panel of Two Names
The Act required the Search-cum-Selection Committee (SCSC) to recommend two names per vacancy, allowing the executive to choose one.
- SC held this violates the principle of judicial primacy.
4. Parity with Civil Servants
Aligning service conditions with civil servants diluted the judicial character of tribunals and increased executive control.
Issues Identified by the Court
- Short Tenure → Executive Dependence
- Arbitrary Age Restriction → Talent Barrier
- Two-Name Panel → Executive Dominance
- Civil Service Parity → Loss of Tribunal Autonomy
About the Tribunals Reforms Act, 2021
The Act aimed to streamline tribunals by:
- Abolishing several appellate tribunals,
- Transferring functions to High Courts,
- Standardising appointments and service conditions,
- Empowering the Central Government to frame rules,
- Creating the SCSC for selection.
However, the Act repeatedly clashed with constitutional safeguards identified in MBA rulings.
About the Search-cum-Selection Committee (SCSC)
- Chairperson: Chief Justice of India or a SC judge nominated by him
- Members:
- Two senior Central Government Secretaries
- Retired SC/HC judge nominated by the CJI (in some tribunals)
- Member-Secretary: Secretary of the concerned Ministry (no voting rights)
Conclusion
The Supreme Court’s judgment reinforces the basic structure principles of separation of powers and judicial independence. By mandating the creation of the National Tribunal Commission, the Court has signalled the need for a transparent, uniform, and autonomous tribunal system that is free from executive overreach.