SC Strikes Down Provisions of Tribunals Reforms Act, Says Centre Re-Enacted Quashed Clauses

New Delhi, Nov 19: The Supreme Court on Wednesday invalidated key provisions of the Tribunals Reforms Act, 2021 governing the appointment, tenure and service conditions of tribunal members, holding that the Centre had reintroduced clauses earlier struck down by the court with only minor changes.

A bench of Chief Justice B R Gavai and Justice K Vinod Chandran ruled that the impugned provisions violated separation of powers and judicial independence, noting that Parliament attempted to “legislatively override” binding precedents by reviving quashed clauses. “All provisions struck down, with minor tweaking, have been re-enacted again,” the CJI observed.

The court said clearing case backlogs was not solely the judiciary’s responsibility and required cooperation from all branches of government. Declaring the disputed sections unconstitutional, the bench reinstated earlier judicial directions on tenure: ITAT and CESTAT members will serve until 62, while their chairpersons or presidents will continue until 65.

The judgment’s full details are awaited. The ruling comes after the court reserved its verdict on November 11 on petitions challenging the validity of the 2021 Act, which had abolished several appellate bodies and altered rules on appointments, age limits and tenure across tribunals. (Agencies)