Discord between Supreme Court and the Centre over tribunals, Pg22.
Supreme Court confronts Centre over Tribunals Reforms Act, challenging its constitutional validity and raising concerns about judicial independence and separation of powers.
The Supreme Court and the Centre are in disagreement over the control of tribunals, with the SC hearing petitions challenging the Tribunals Reforms Act, 2021.
The Madras Bar Association (MBA) challenged the Act's validity, arguing it nullifies a previous SC verdict and violates judicial independence.
The Act sets a four-year tenure for tribunal members and a minimum appointment age of 50, which the SC previously struck down as "arbitrary".
Significant vacancies exist across key tribunals like the National Company Law Tribunal and Armed Forces Tribunal, impacting their functionality.
Detailed Insights:
The dispute began with the Finance Act of 2017, which empowered the Centre to frame rules for tribunals, leading to a series of legal challenges.
The Rojer Mathew case in 2019 saw the SC strike down notified rules for undermining judicial independence, highlighting concerns over executive influence.
Petitioners argue that a four-year tenure makes tribunal members vulnerable to executive pressure, while the government defends it as a matter of policy.
Delays in filling tribunal vacancies, as observed in December 2022, have rendered tribunals "virtually defunct," hindering speedy dispute resolution.
The core issue revolves around the balance between judicial independence, separation of powers, and the executive's policy-making authority in tribunal governance.
Key Concepts Involved:
Tribunals: Quasi-judicial bodies established for specialized dispute resolution to reduce the burden on regular courts.
Judicial Independence: The principle that the judiciary should be free from influence or control by other branches of government.
Separation of Powers: The division of governmental powers among different branches to prevent any one branch from becoming too powerful.