SC strikes Tribunals Act provisions, says govt reintroduced quashed clauses

The Supreme Court on Wednesday struck down several provisions of the 2021 Tribunals Reforms law related to the appointment, tenure, and service conditions of members of various tribunals, saying they had been re-enacted by the Centre with minor tweaks.

A bench of Chief Justice B R Gavai and Justice K Vinod Chandran said the impugned provisions violated the principles of separation of powers and judicial independence, and they should not have been brought back.

The bench said that dealing with the backlog of cases was not the sole responsibility of the judiciary, and the onus must be shared by the other arms of the government.

The bench held that Parliament had sought to "legislatively override" binding judicial precedents by re-enacting clauses previously quashed by the court.

"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 CJI said while reading the judgment.

"Thus, we have held that the provisions of the 2021 Act cannot be sustained as it violates separation of powers and judicial independence. It amounts to legislative overriding without curing any defects and binding judgment It falls foul. Thus, it is struck down as unconstitutional," he said.

The court restored the earlier judicial directions on tenure, making it clear that members of the Income Tax Appellate Tribunal (ITAT) and the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) shall continue to be in service until the age of 62, while their chairpersons or presidents shall remain in office until the age of 65.

The details of the judgment are awaited.

On November 11, the top court reserved its verdict on a batch of petitions challenging the constitutional validity of the Tribunals Reforms (Rationalisation and Conditions of Service) Act, 2021.

The law abolished several appellate bodies, such as the Film Certification Appellate Tribunal, and amended provisions governing appointments, age criteria, and tenure across the tribunal framework.