Overview
- A bench led by Chief Justice B R Gavai with Justice K Vinod Chandran struck down 2021 provisions on tribunal appointments, tenure and service conditions for violating separation of powers and judicial independence.
- The court said Parliament attempted an impermissible legislative override by re-enacting previously invalidated clauses with minor tweaks.
- Earlier Madras Bar Association directions now govern until a new, compliant law is enacted, including a minimum five-year tenure and eligibility for lawyers with at least ten years of experience.
- The judgment invalidates the four-year tenure, the minimum entry age of 50, and altered selection mechanics, and it directs the Centre to establish a National Tribunal Commission within four months.
- Selections completed before the Act’s commencement are protected under prior statutes and conditions, and service-age norms such as ITAT and CESTAT members retiring at 62 and their heads at 65 continue to apply.