Daily News Analysis ‘Supreme Court Strikes Down Tribunal Reforms Act, 2021’ : 20 November

The Supreme Court has struck down key provisions of the Tribunal Reforms Act, 2021.
The Court said the law weakened the independence of tribunals by giving excessive control to the Union government over appointments, tenure, and salaries of tribunal members.

The Court said Parliament must design tribunals so that they remain independent, impartial, and effective.
The 2021 Act allowed the executive to control appointments and service conditions, which threatens judicial independence.
The Act was described as a “repackaged” version of the ordinance and a legislative attempt to bypass the earlier judgment.

Abolished several tribunals, merging their functions with existing judicial bodies (e.g., Film Certification Appellate Tribunal).
Allowed the Central Government to make rules regarding appointment, service conditions, salaries, and removal of tribunal members.
Set the minimum age of 50 years for appointment as a tribunal member.
Fixed tenure of 4 years for Chairpersons and Members.
Central Govt empowered to appoint the Chairperson and Members based on recommendations of a Search-cum-Selection Committee.

Suggested by the Supreme Court and various expert committees.
Proposed as an independent body to regulate the functioning of tribunals in India.

To handle appointment, reappointment, removal, and service conditions of tribunal members.
To bring a uniform structure across all tribunals.
To reduce the burden on courts by improving tribunal performance.
To strengthen the institutional independence of tribunals.

A central, independent umbrella body for oversight and management of tribunals.
Separate administrative and judicial wings to handle recruitment and case monitoring.
Transparent selection process with minimal executive interference.
Standardised tenure, salaries, infrastructure, and administrative support.