(MENAFN- KNN India) New Delhi, Nov 19 (KNN) The Supreme Court on Wednesday, November 19, struck down the Tribunal Reforms Act, 2021, which governed the appointments, tenure, and service conditions of members of various tribunals.

A bench comprising Chief Justice, India, B.R. Gavai and Justice K. Vinod Chandran held that the Act contravenes constitutional principles of separation of powers and judicial independence.

The bench expressed displeasure at the Union Government for failing to implement directions from earlier judgments related to tribunal appointments.

The Court noted that the 2021 Act effectively re-enacted provisions previously struck down.

It concluded that the Act is unsustainable because it undermines the principles of“separation of powers and judicial independence.” The Act effectively attempts“legislative overruling” of binding judicial rulings without addressing the flaws identified in them.

“The provisions of the Impugned Act cannot be sustained. They violate constitutional principles embedded in the text, structure, and spirit of the Constitution,” the Court stated.“Instead of curing the defects identified by this Court, the impugned Act merely reproduces-in slightly altered form-the very provisions previously struck down,” a move that is impermissible under the doctrine of constitutional supremacy.

The Supreme Court, in an earlier judgment, had directed the Centre to establish a National Tribunals Commission.

Until Parliament enacts a new law consistent with prior judgments, the Court directed that the guidelines established in the Madras Bar Association (MBA IV and MBA V) cases will continue to operate.

This includes minimum tenure of five years for tribunal members, eligibility of lawyers with at least 10 years of experience, and other standards related to appointments, selection panels, and service conditions.

The Court clarified that appointments made before the commencement of the 2021 Act, even if notifications were issued after it came into force, will be protected under the parent statutes and prior judgments, rather than the truncated tenure and altered service conditions introduced by the Act.

Chief Justice Gavai, in the judgment, emphasised that Parliament cannot simply re-enact a measure previously struck down by the Court. A valid legislative response must cure the constitutional defects identified and ensure compliance with judicial reasoning.

The judgment also rejected the Union Government's plea to refer the matter to a larger bench, noting that the request was belated and could undermine fairness in the hearing.

The Court observed that legislation affecting tribunals must respect independence, impartiality, and effective adjudication, warning that arbitrary tenure limits or executive control over appointments strike at the core of constitutional governance.

The ruling follows a series of judgments, including the 2020 MBA IV case (striking down Tribunal Rules, 2020) and the 2021 MBA V case (striking down the Tribunal Reforms Ordinance, 2021), reinforcing the principle that tribunal members' independence is essential to upholding the Constitution.

(KNN Bureau)

MENAFN19112025000155011030ID1110368890