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1h ago

Supreme Court Strikes Down Core Provisions of Tribunals Reforms Act, Citing Judicial Independence

The ruling reinstates prior Supreme Court standards for tribunal appointments as an interim framework pending a constitutionally compliant law.

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The court expressed its “displeasure” at the Union government’s repeated failure to implement judicial directions. (ANI)
Supreme Court

Overview

  • The bench of Chief Justice B.R. Gavai and Justice K. Vinod Chandran held that Parliament had impermissibly re-enacted clauses earlier quashed, amounting to a legislative override of binding judgments.
  • The Court said earlier Madras Bar Association rulings will govern appointments, tenure and service conditions until a new statute aligns with constitutional requirements.
  • The Union was directed to set up a National Tribunals Commission within months, with reports placing the timeline at three to four months.
  • Key struck provisions included a uniform four-year term, a minimum entry age of 50, and selection mechanics that allowed limited recommendations by search-cum-selection panels.
  • The judgment protected certain incumbents’ service conditions, including pre-2021 age limits for ITAT and CESTAT (members to 62 and heads to 65), and safeguarded appointments recommended before the 2021 law but notified later.