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.