NEW DELHI: The Supreme Court on Wednesday struck down several key provisions of the Tribunals Reforms Act, 2021 related to the appointment, tenure, and service conditions of tribunal members, noting that these were in violation of the court’s earlier judgments, and directed the Centre to set up a National Tribunals Commission within four months.
In a strongly worded verdict, a bench of Chief Justice B R Gavai and Justice K Vinod Chandran said the Centre brought back the provisions earlier read down by the apex court with minor tweaks.
“The impugned provisions violated the principles of separation of powers and judicial independence, and they should not have been brought back,” the bench said.
It said until a new legislation is put in place to give effect to the court’s order, the directions and principles laid down in its earlier judgments will govern all matters related to appointment, tenure and qualifications concerning tribunal members.
The CJI, who authored the 137-page judgement, specifically invalidated the provisions including Section 3, which mandated a minimum age of 50 years for appointment as a chairperson or member. The court held that this section excluded young and competent advocates and experts.