India’s Supreme Court strikes down Tribunal Reforms Act in landmark ruling
India’s Supreme Court has struck down the Tribunal Reforms Act, 2021, calling it a repackaged version of past laws. The ruling marks another clash between the judiciary and the government over control of tribunal appointments. At the heart of the dispute lies the question of who should oversee these key judicial bodies.
The court criticised the government’s approach, particularly its age limits for tribunal members. Judges argued that such restrictions conflict with the need for fresh legal perspectives. They also stressed that appointments must remain free from executive interference to preserve judicial independence.
For decades, tribunals in India have multiplied without a unified system to regulate them. This lack of oversight has led to inconsistencies in their structure and functioning. The Supreme Court’s solution mirrors the collegium system used for higher judiciary appointments.
In its verdict, the court directed the Union government to set up a National Tribunals Commission within four months. This body would standardise procedures and ensure tribunals operate independently. The ruling also reinforced the judiciary’s power to review and invalidate laws that violate constitutional principles.
The decision challenges the idea that Parliament’s law-making authority cannot be questioned. It underscores the ongoing tension between the government’s legislative reach and the judiciary’s role as a constitutional guardian.
The Supreme Court’s order requires the government to create a National Tribunals Commission by early next year. This body aims to bring uniformity and independence to India’s tribunal system. The ruling reaffirms that judicial oversight extends to laws governing appointments, even when passed by Parliament.
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