Supreme Court Examines Vires of Tribunals Reforms Act, 2021 Amidst Concerns Over Judicial Independence. Petitioners Argue That Provisions on Appointment, Tenure, and Removal of Tribunal Members Undermine the Constitutional Balance of Power.

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Case Note & Summary

The judgment involves a batch of writ petitions challenging the vires of the Tribunals Reforms Act, 2021. The petitioners, led by the Madras Bar Association, contend that the Act undermines judicial independence and the constitutional scheme of separation of powers. The Act empowers the Central Government to make rules on qualifications, appointments, salaries, and service conditions of tribunal members, and establishes a Search-cum-Selection Committee for appointments. It prescribes tenures of four years and age limits for Chairpersons and Members, and allows removal under certain grounds. The Act also abolishes many existing tribunals and transfers their functions to courts. The challenge is set against a background of previous Supreme Court decisions on tribunal reforms. The introduction, quoting Dr. B.R. Ambedkar, emphasizes the supremacy of the Constitution and the need for mutual respect among the organs of governance. The judgment, authored by Chief Justice B.R. Gavai, was to examine the validity of the Act after hearing submissions from senior counsel for the petitioners and the Attorney General. However, the provided excerpt ends before the analysis and decision.

Issue of Consideration

Whether the Tribunals Reforms Act, 2021 violates the Constitution, particularly the principles of separation of powers and judicial independence.

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Case Details

2025 LawText (SC) (11) 44

Writ Petition (C) No. 1018 of 2021

B.R. Gavai, CJI

2025 INSC 1330

Arvind P. Datar, C.S. Vaidyanathan, Sidharth Luthra, P. S. Patwalia, Sanjay Jain, Porus F. Kaka, Gopal Sankaranarayanan, Balbir Singh, Gagan Gupta, Puneet Mittal, Sachit Jolly, B.M. Chatterji, Ninad Laud, R. Venkataramani, Aishwarya Bhati

Madras Bar Association

Union of India and Another

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Nature of Litigation

Constitutional challenge to the Tribunals Reforms Act, 2021

Remedy Sought

Declaration that the Tribunals Reforms Act, 2021 is ultra vires the Constitution

Filing Reason

The Act allegedly undermines judicial independence and the separation of powers by vesting excessive control over tribunals in the executive

Issues

Whether the Tribunals Reforms Act, 2021 is constitutionally valid Whether the Act violates the principles of separation of powers and judicial independence

Judgment Excerpts

Section 3 empowers the Central Government to frame rules on the qualifications, appointments, salaries, allowances, and service conditions of the Chairperson and Members of Tribunals, notwithstanding anything in prior judgments or existing laws. The Chairperson of a Tribunal shall serve for a tenure of four years or until attaining the age of seventy years, whichever occurs earlier. Section 33 provides that all persons serving as Chairpersons, Presidents, Presiding Officers, Vice-Chairpersons, Vice-Presidents, or Members of the Tribunals listed in the Second Schedule shall cease to hold office from the notified date.

Acts & Sections

  • Tribunals Reforms Act, 2021: 3, 4, 5, 6, 7, 33
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Supreme Court Supreme Court Examines Vires of Tribunals Reforms Act, 2021 Amidst Concerns Over Judicial Independence. Petitioners Argue That Provisions on Appointment, Tenure, and Removal of Tribunal Members Undermine the Constitutional Balance of Power.
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