Why is it in News?
- Supreme Court struck down key provisions of the Tribunal Reforms Act 2021.
- The law centralized control of tribunals under the Union government, affecting appointments, salaries, and functioning.
- Court emphasized that such control undermines independence, impartiality, and effective adjudication.
- Direction issued to establish a National Tribunal Commission within four months to safeguard tribunal autonomy.
Relevance:
- GS 2: Polity & Governance — tribunal independence, separation of powers, judicial review, constitutional safeguards.
- GS 2: Parliament–Judiciary Relations — limits of legislative override, institutional autonomy, rule of law.
- GS 2: Administrative Reforms — need for National Tribunal Commission, uniform standards across tribunals.
- GS 2: Rights Issues — impact on access to justice under Article 14 and 21.
Background:
- Tribunals in India: Specialized quasi-judicial bodies to adjudicate disputes in administrative, fiscal, and regulatory domains (e.g., NCLT, ITAT, CAT).
- Purpose of Tribunal Reforms Act 2021:
- Rationalize tribunals, unify functioning, streamline appointments.
- Enable government to set salaries and conditions of service.
- Prior Legal Context:
- Tribunal Reforms Ordinance 2021 was struck down by SC in July 2021.
- The 2021 Act was essentially a “repackaged version” of the Ordinance.
Key Issues Identified by the SC:
- Independence and impartiality: Executive control over appointments and tenure undermines constitutional principles.
- Tenure: Arbitrary curtailment violates security of office and institutional autonomy.
- Functioning & salaries: Government control over operational aspects breaches the spirit of separation of powers.
- Repetition of invalid law: 2021 Act mirrors Ordinance struck down earlier, showing legislative overreach.
Supreme Court Observations:
- Parliamentary reforms must align with constitutional requirements, not just administrative convenience.
- Tribunal independence is an essential structural safeguard for fair adjudication.
- Establishing a National Tribunal Commission will:
- Ensure transparency in appointments.
- Maintain uniformity across tribunals.
- Protect institutional autonomy.
Implications:
- Judicial independence: Strengthens the judiciary’s oversight on executive interference in quasi-judicial bodies.
- Tribunal governance: Moves toward a transparent, uniform, and accountable tribunal system.
- Legislative caution: Parliament cannot bypass constitutional safeguards under the guise of administrative reforms.
