Overview
- The bench of Chief Justice B R Gavai and Justice K Vinod Chandran asked how Parliament could reintroduce provisions previously set aside, cautioning that minor wording changes cannot revive what the Court struck down.
- Attorney General R Venkataramani defended the Tribunals Reforms Act, 2021 as a deliberated, uniform framework that balances independence with efficiency and argued that judicial members predominate in selection with the CJI nominee holding a casting vote.
- The Court questioned the minimum entry age of 50 and raised concerns about short fixed terms with reappointment, noting that security of tenure is essential for institutional independence.
- The Centre highlighted that the Act provides a four-year term with the possibility of reappointment, raises retirement ages to 70 for presiding officers and 67 for members, and consolidates appointments through a Search-cum-Selection Committee.
- Petitioners including the Madras Bar Association argued the law undermines judicial independence, as the Court also recorded displeasure at the government’s late bid to adjourn proceedings and seek a five-judge reference, with hearings set to continue.