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last mo.

Supreme Court Scraps Key Parts of Tribunals Reforms Act, Restores Safeguards for Tribunal Independence

The court ruled that Parliament cannot repackage unconstitutional provisions.

“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 bench of CJI B.R. Gavai and Justice K. Vinod Chandran struck down provisions on appointments, tenure, age limits and selection process as an impermissible legislative override that violated separation of powers and judicial independence.
  • Directions from earlier Madras Bar Association rulings now govern tribunals, including a minimum five-year tenure for members and eligibility for advocates with at least 10 years’ experience.
  • The Union government was ordered to establish an independent National Tribunals Commission within four months to oversee appointments and administration.
  • Selections completed by the Search‑cum‑Selection Committee before the 2021 law took effect are protected, with those appointees governed by parent statutes rather than the Act’s four‑year terms.
  • The court clarified that ITAT and CESTAT members serve until 62 and their heads until 65, creating immediate administrative consequences as tenures and vacancies are recalculated under the restored framework.