SC strikes down Tribunal Reforms Act, 2021 provisions relatingto appointment & tenure oftribunal members

Taking strong exception to the Union government for reenacting the tribunal law with only marginal alterations of the provisions earlier invalidated by it, the Supreme Court on Wednesday struck down key provisions of the Tribunals Reforms Act, 2021 concerning the appointment and tenure of tribunal members, observing that the Centre had effectively brought back what had already been quashed in previous rulings.

- PARMOD KUMAR

Striking down the provisions relating to the appointment of the tribunal members and their tenure, Chief Justice B.R. Gavai, heading the bench also comprising Justice K. Vinod Chandran, pronouncing the judgment, said: “ ... the provisions of the Impugned Act cannot be sustained. They violate the constitutional principles of separation of powers and judicial independence, which are firmly embedded in the text, structure, and spirit of the Constitution."

The judgment said that the "principles of separation of powers and judicial independence are not vague, free-floating ideals. They are structural pillars of our constitutional order and integral components of constitutionalism worldwide."