Supreme Court Ruling on Tribunals Reforms (Rationalisation and Conditions of Service) Act, 2021
The Supreme Court has deemed several key provisions of the Tribunals Reforms (Rationalisation and Conditions of Service) Act, 2021 as unconstitutional, emphasizing the principle of separation of powers and judicial independence. This decision highlights that while Parliament's discretion is broad, it is not absolute.
Background and Court's Rationale
- Provisions originally struck down in an earlier ordinance were reintroduced with minor changes in the 2021 Act.
- The judiciary maintains that since the executive often litigates before tribunals, it should not dominate the appointment process.
- The search-cum-selection committee is chaired by the Chief Justice of India or a nominated Supreme Court judge, including government secretaries, which risks impartiality.
Previous Judgments and Legislative Response
- In July 2021, certain provisions related to minimum age and tenure were struck down by the Supreme Court.
- In August 2021, similar provisions were reintroduced in the Tribunal Reforms Bill, 2021.
- The Court stated that reenacting invalidated provisions without addressing constitutional defects is impermissible.
Constitutional Principles and the Court's Position
- The Court highlighted that constitutional principles such as judicial independence and separation of powers are rooted in the Constitution.
- These principles ensure that all state actions conform to the Constitution, emphasizing the distribution of power among government branches.
- Any legislative measures affecting tribunals must adhere to constitutional requirements of independence and impartiality.
Implications and Future Directions
- The ruling emphasizes that legislative attempts to bypass judicial decisions without addressing underlying issues violate constitutional supremacy.
- The Court's decision aims to protect the judiciary's role and ensure that tribunals function independently and impartially.
- A National Tribunals Commission is proposed to enhance transparency and uniformity in tribunal administration, with a four-month deadline for establishment by the Centre.
