Madras Bar Association files plea in SC challenging tribunal reforms ordinance

The association has contended in its plea that many provisions of the ordinance are contrary to the directions issued by the apex court.
Supreme Court. (File photo| Shekhar Yadav, EPS)
Supreme Court. (File photo| Shekhar Yadav, EPS)
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NEW DELHI: The Madras Bar Association has moved the Supreme Court challenging the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance 2021, which abolishes certain appellate tribunals including FCAT.

The ordinance, issued by the Ministry of Law and Justice, was notified on April 4. The association has contended in its plea that many provisions of the ordinance are contrary to the directions issued by the apex court.

The ordinance does away with certain appellate tribunals, including the Film Certification Appellate Tribunal (FCAT) set up to hear appeals of filmmakers, and transfers their functions to other existing judicial bodies.

It has made amendments to the Cinematograph Act, Copyright Act, Customs Act, Patents Act, Airports Authority of India Act, Trade Marks Act, Geographical Indications of Goods (registration and protection) Act, Protection of Plant Varieties and Farmers Rights Act, Control of National Highways (land and traffic) Act, and Finance Act.

In the Cinematograph Act, the appellate body will now be the high court. The FCAT was a statutory body constituted to hear appeals of film makers aggrieved by the Central Board of Film Certification (CBFC). In February, the government introduced a bill to abolish some tribunals where the public at large is not litigant. Since the bill could not get the parliamentary nod, the ordinance was issued.

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