SC Invalidates Key Provisions of Tribunals Reforms Act, Says Centre Brought Back Struck-Down Clauses
Court says Centre “reintroduced quashed clauses with minor tweaks,” restores earlier tenure rules for tribunal members
New Delhi, Nov 19: The Supreme Court on Wednesday struck down several provisions of the Tribunals Reforms (Rationalisation and Conditions of Service) Act, 2021, ruling that the Centre had re-enacted clauses previously quashed by the court with only minor modifications, in violation of judicial directions and constitutional principles.
A bench of Chief Justice B. R. Gavai and Justice K. Vinod Chandran said the provisions related to the appointment, tenure, and service conditions of members across various tribunals infringed upon the separation of powers and undermined judicial independence.
The court observed that Parliament had attempted to “legislatively override” binding judicial precedents by bringing back struck-down provisions without addressing the defects highlighted earlier.
“We have compared the provisions of the Ordinance and the 2021 Act, and it shows that all provisions struck down, with minor tweaking, have been re-enacted,” the CJI said while delivering the verdict.
Declaring the disputed provisions unconstitutional, the bench noted that reducing case backlogs cannot be seen as the judiciary’s burden alone and requires coordinated efforts from all branches of government.
The Supreme Court also restored its earlier directives on tribunal tenure, making clear that:
Members of the Income Tax Appellate Tribunal (ITAT) and the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) will continue in service until the age of 62, and
Chairpersons/Presidents of these bodies will serve until 65.
The detailed judgment is awaited.
The ruling comes after the top court reserved its verdict on November 11 on a batch of petitions challenging the constitutional validity of the 2021 Act, which had abolished several appellate bodies—including the Film Certification Appellate Tribunal—and revised appointment norms across India’s tribunal system.
