Supreme Court Strikes Down Provisions of Tribunal Act, Calls Government ‘Brazen Circumvention’
SC quashes key 2021 Act provisions for undermining judicial independence.
The Supreme Court of India delivered a landmark ruling on Wednesday, striking down critical provisions of the Tribunals Reforms (Rationalisation and Conditions of Service) Act, 2021, deeming them unconstitutional for infringing upon the principles of separation of powers and judicial independence. The bench, led by Chief Justice B R Gavai and Justice K Vinod Chandran, held that the Central government had brazenly reintroduced clauses previously invalidated by judicial orders through mere superficial modifications, thereby attempting to circumvent binding precedents without rectifying underlying flaws.
In a strongly worded verdict, the court observed that the impugned sections—pertaining to the appointment processes, tenure durations, and service conditions of members across various tribunals—directly encroached on the judiciary's autonomy. Chief Justice Gavai underscored the gravity of the matter, stating, "We have compared the provisions of the Ordinance and the 2021 Act, and it shows that all provisions struck down, with minor tweaking, have been re-enacted again." The judgment emphasized that such legislative maneuvers amount to an impermissible override of judicial authority, declaring the provisions "fall foul" of constitutional mandates.
The ruling restores prior judicial directives on tribunal appointments and tenures, ensuring that members of key bodies such as the Income Tax Appellate Tribunal (ITAT) and the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) will serve until the age of 62, while their respective chairpersons or presidents continue until 65. This decision addresses long-standing concerns over arbitrary executive control in judicial appointments, reinforcing safeguards against undue governmental interference in quasi-judicial functions.
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The case arose from a series of petitions challenging the 2021 Act's validity, which had earlier abolished several appellate tribunals, including the Film Certification Appellate Tribunal, and overhauled governance structures for others. The bench had reserved its verdict on November 11 following extensive hearings, highlighting the shared responsibility among government branches to alleviate judicial backlogs rather than burdening the courts alone.
As details of the full judgment await release, this pronouncement serves as a stern rebuke to legislative overreach, potentially reshaping the operational framework of India's tribunal ecosystem and bolstering protections for judicial integrity amid ongoing debates on governance reforms.
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