Sansad TV: Bills: An Insight- Tribunals Reforms Act, 2021 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Introduction

Background

Changes

• This Act wants to dissolve specific existing appellate bodies and move their tasks to other judicial bodies.
• It gives the Central Government the authority to create rules for qualifications, appointments, terms, salaries, and more for Tribunal Members.
• The Act mentions that the Central Government will appoint the Chairperson and Members of the Tribunals based on a recommendation from a Search-cum-Selection Committee.
• This Committee will be led by the Chief Justice of India or a nominated Supreme Court Judge.
• Separate search committees will be established for state tribunals.
• The Union government should ideally decide on the committee's recommendations within three months.
• Regarding tenure, a Tribunal's Chairperson serves for 4 years or until 70 years of age, while other Members serve for 4 years or until 67 years of age, whichever comes first.

Impact on Government and Judiciary

• This Act overturns the ruling in the Madras Bar Association case, which takes away the judiciary's power to oversee the legislature and weakens the separation of powers principle.
• While this move brings more accountability to tribunal operations, it also raises concerns about the independence of these judicial bodies, as the government gains more influence.
• For instance, the Chief Justice of the High Court heading the committee won't have a deciding vote.
• The Union now wields more control over appointments and the ability to remove tribunal members.
• The Act empowers the Central Government to establish rules for qualifications, appointments, terms, salaries, and more for Tribunal Members.
• The law's aim is to address issues like understaffing and inadequate infrastructure in tribunals and to resolve delayed disputes.
• It transfers the authority over various subjects from the independent judiciary to quasi-judicial bodies under executive control. The decisions of these bodies become final and can't be challenged in Constitutional courts, making them the primary and final authorities.

Conclusion

• Some experts suggest forming a National Tribunals Commission through a constitutional amendment or a statute that secures its functional, operational, and financial autonomy.
• As tribunals hold a special place in India's legal system and handle important cases, their independence needs to be safeguarded and ensured in practice.