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4h ago

Supreme Court Scraps Core Parts of Tribunals Reforms Act Over Judicial Independence Breach

The bench condemned a legislative override of prior rulings, ordering a National Tribunals Commission within four months.

“Merely restating or repackaging an invalidated provision does not amount to curing the defect,” noted the bench, rejecting Attorney General R Venkatarmani’s argument that Parliament has wide latitude to legislate as it deemed fit. (HT File)
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Overview

  • The court held that Parliament reenacted clauses earlier struck down, an impermissible attempt to override binding precedents and the separation of powers.
  • Directions from the Madras Bar Association rulings now govern tribunal appointments and tenure until Parliament passes a compliant law.
  • Key provisions invalidated include a uniform four‑year term, a minimum entry age of 50, and the rule requiring the selection panel to send two names per vacancy.
  • Selections completed by the search‑cum‑selection committee before the 2021 Act are protected, with service conditions reverting to the earlier framework.
  • Members of ITAT and CESTAT will serve until 62, with chairpersons or presidents until 65, creating immediate staffing implications where current members exceed restored limits.