Greeva Garg –
Published on: August 09, 2021, at 19:35 IST
The Parliament has passed the Tribunals Reforms Bill 2021 that holds the same provisions of the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, even though the Supreme Court of India has struck down those provisions in its recent verdict in the Madras Bar Association Case.
The Tribunals Reforms Bill, 2021 concerns terms and conditions for the service and tenure of members of various tribunals.
During the discussion in Rajya Sabha, certain members highlighted that the provisions of the Bill were contrary to the Supreme Court verdict.
As Section 3 sought to undo the Judgment passed by the Apex Court which held the provisions related to the recommendation of two names for each post by the Search-cum-Selection Committee and requiring the decision to be taken by the government preferably within three months.
Also, the proviso of Section 3 which states the eligibility criteria for appointment as chairperson or member of a tribunal, still finds a place in the Bill. The tenure for the Chairperson and the members of the tribunal still remains four years.
Union Finance Minister Nirmala Sitharaman said, “The powers of the house cannot be curtailed, while adding that the Government had respect for the judiciary. The Supreme Court had not struck down the provisions on the ground of unconstitutionality.”
In July 2021, the Supreme Court in the case of Madras Bar Association v. Union of India had struck down the provisions of the Tribunals Reforms Ordinance, observing that, its provisions are violative of the principles of separation of powers, independence of the judiciary, rule of law and Article 14 of the Constitution of India.
The provisions were struck by CJI NV Ramana after expressing his objection to the Tribunal Reforms Bill, 2021 earlier passed by the Lok Sabha, stating, “We can’t stop passing of legislation, the government cannot stop us from passing orders. This is the duty of both institutions.”
Earlier opposition party moved a motion to refer the bill to select committee but was defeated.
In its furtherance, the Lok Sabha passed the bill on August 3.
Click here to Read/Download the Bill
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