SC strikes down provisions of Tribunal Reforms Act, tells govt. to set up panel, Pg1

Key Highlights:

• The Supreme Court struck down provisions of the Tribunal Reforms Act of 2021, citing violations of constitutional principles.
• The court directed the Central government to establish a National Tribunal Commission within four months.
• The Chief Justice of India termed the 2021 law a “repackaged version” of a previously struck-down ordinance.
• The judgment was based on petitions arguing the Act threatened judicial independence by granting the government excessive powers.

Detailed Insights:

• The Tribunal Reforms Act of 2021 aimed to alter the tribunal system, granting the Union government greater control over appointments and functioning.
• The Supreme Court found the Act undermined the independence, impartiality, and effective adjudication required of tribunals under the Constitution.
• The proposed National Tribunal Commission is intended to ensure transparency and uniformity in tribunal operations and appointments.
• The court criticized Parliament for ignoring previous concerns and enacting a law that was essentially a “legislative override” of a Supreme Court judgment.
• The ruling emphasized that judicial review is a basic feature of the Constitution, limiting Parliament's discretion to disregard Supreme Court decisions.
• The Act faced opposition for granting the government broad powers over tribunals where the Centre is frequently a major litigant.

Key Concepts Involved:

• Tribunal: A quasi-judicial body established to resolve specific disputes, often with specialized expertise.
• Judicial Review: The power of the judiciary to examine the constitutionality of legislative or executive actions.
• Separation of Powers: The division of governmental powers among the legislative, executive, and judicial branches.