SC invalidates Tribunal Reforms provisions, says Govt brought back clauses removed earlier, Pg1

Key Highlights:

• The Supreme Court (SC) invalidated key provisions of the Tribunals Reforms Act, 2021, citing violations of separation of powers and judicial independence.
• The SC found that the 2021 Act re-enacted provisions previously struck down in a 2021 Ordinance, with only minor changes.
• The ruling emphasizes that the Constitution's interpretation rests with the Court, not with Parliament.
• The SC has issued five judgments since 2010 against government interference in tribunal regulations.

Detailed Insights:

• The search-cum-selection committee under the Act, led by the CJI or a nominee, included government secretaries, raising concerns about impartiality.
• In July 2021, the SC struck down parts of the Tribunals Reforms Ordinance, 2021, including the minimum age of 50 for appointments and fixed four-year tenures.
• The government then introduced the Tribunal Reforms Bill, 2021, with similar provisions to the earlier law.
• The SC stated that Parliament cannot override constitutional judgments by reenacting the same measures without addressing the identified defects.
• The Court rejected the Centre's argument that legislation cannot be tested against principles like separation of powers, affirming these as fundamental to constitutional order.

Key Concepts Involved:

• Separation of Powers: The division of governmental power among the legislative, executive, and judicial branches.
• Judicial Independence: The principle that the judiciary should be free from influence or control by the other branches of government.
• Constitutional Supremacy: The doctrine that the Constitution is the supreme law of the land and that all laws must conform to its provisions.