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2h ago

Supreme Court Strikes Down Tribunals Reforms Act Provisions, Orders National Tribunals Commission

The court said Parliament attempted an impermissible legislative override of binding judgments.

“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

  • A bench of Chief Justice B.R. Gavai and Justice K. Vinod Chandran held core clauses of the 2021 law unconstitutional for violating separation of powers and judicial independence.
  • The judgment invalidated the four-year tenure, the minimum entry age of 50, and the two-name recommendation rule for the Search-cum-Selection Committee, restoring earlier Madras Bar Association norms including five-year terms and eligibility for advocates with at least ten years’ experience.
  • Selections completed before the Act took effect are protected, with those appointments governed by parent statutes and prior Supreme Court rulings rather than the truncated regime.
  • Pre‑2021 age and tenure rules are revived, with ITAT and CESTAT members serving until 62 and their chiefs until 65, a shift that may create immediate vacancies where serving members exceed the limits.
  • The Union government must establish a National Tribunals Commission within four months as Parliament works on a constitutionally compliant framework.