Overview
- The court held that Parliament had impermissibly re-enacted clauses earlier invalidated, violating separation of powers and judicial independence.
- Provisions prescribing four-year terms, a minimum appointment age of 50, and modified search‑cum‑selection procedures were invalidated.
- Until a constitutionally compliant law is passed, previous Madras Bar Association rulings will govern tribunal appointments, tenure, and service conditions.
- Appointments recommended before the Act took effect are protected, and ITAT and CESTAT members will serve until 62 with their chiefs serving until 65.
- The bench rebuked the Union for disregarding binding directions and stressed that reducing case backlogs is a shared institutional responsibility.