Swarna Shukla –
Published On: October 22, 2021 at 08:30 IST
“Nothing in the Constitution has given the Supreme Court a right to decide for the Executive more than for the Executive to decide for them.”
– By Thomas Jefferson
By quoting the above lines the Government defended the changes made by it to the terms and conditions for appointment of members to tribunals despite the Apex Court striking the same in earlier judgement.
The issue has seen multiple litigations, in a latest Petition filed by Madras Bar Association and Former Union Minister Jairam Ramesh challenged the provisions of the Tribunal Reforms Act, 2021.
However, the law re-introduced some of the provisions which were already struck down by the Top Court.
The changes in the law includes:
The Four- year term for members and Chairperson appointed to various Tribunals.
The Act set the minimum age of appointments for members at 50.
The Act requires the Government to preferably decide on recommendations within three months.
The search and selection panel has to send two names from which the appointment can be made.
In an Affidavit, the Centre argued that the principle of separation of powers excludes the judiciary from the area of policy making and the Government believes that the four changes in the law are purely policy decisions.
Also Read: Supreme Court Criticizes Centre on Tribunals Reforms Act, 2021
What is the Tribunals Reforms Bill, 2021?
