The Tribunal Reforms Act, 2021

Source:  NDTV

Context: The Supreme Court expressed strong displeasure over the Union Government’s repeated adjournment requests in the Tribunal Reforms Act, 2021 case.

About the Tribunal Reforms Act, 2021:

What it is?

• The Tribunals Reforms Act, 2021, enacted on 13 August 2021, seeks to streamline and rationalize tribunals by abolishing several appellate bodies and transferring their functions to High Courts.
• It replaces the Tribunals Reforms Ordinance, 2021, and consolidates provisions governing appointments, tenure, service conditions, and removal of tribunal members.

Aim:

• To reduce delay in justice delivery by integrating tribunal functions within the existing judicial structure.
• To ensure uniformity in appointments and service conditions across tribunals.
• To enhance administrative efficiency and judicial accountability by limiting executive interference.

Key Features:

• Abolition of certain tribunals: Eliminates appellate bodies such as the Film Certification Appellate Tribunal, Intellectual Property Appellate Board, and Airport Appellate Tribunal, transferring jurisdiction to High Courts.
• Centralised Appointments: Chairpersons and Members are appointed by the Central Government on the recommendation of a Search-cum-Selection Committee chaired by the CJI or his nominee.
• Tenure and Age Limits:
  1. Chairperson: 4 years or until 70 years of age.
  2. Members: 4 years or until 67 years of age.
• Minimum Age: Candidates must be 50 years or older for appointment, excluding younger professionals from consideration.
• Transitional Provisions: Members of dissolved tribunals cease office immediately and pending cases are transferred to High Courts.
• Power to Amend Schedule: The Central Government may, by notification, amend the list of tribunals covered under the Act.

Issues & Criticism:

• Violation of Judicial Independence: The Act reintroduces provisions struck down by the Supreme Court (e.g., in Madras Bar Association v. Union of India, 2021), undermining the principle of separation of powers.
• Short Tenure: Four-year terms are viewed as insufficient for judicial independence, increasing potential executive influence.
• High Minimum Age (50 years): Prevents younger advocates and scholars from contributing to tribunal jurisprudence.
• Executive Dominance: Central Government retains significant control over appointments and reappointments, reducing functional autonomy.