Snehal Upadhyay-
The Supreme Court decided with a 2:1 majority to strike down provisions of the Tribunals Reforms Ordinance 2021 which terminates various tribunal members’ terms for four years.
The Constitutional Bench comprising of Justices L Nageswara Rao, S Ravindra Bhat and Justice Hemant Gupta decided this writ petition which was filed by Madras Bar Association
The Madras Bar Association challenged the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021 and pleaded for amendment in Sections 184 and 186 of the Finance Act 2017.
These Sections of the Finance Act, 2017 authorize the Central Government a rule-making power concerning the mode of appointment, terms of service, allowances of members, etc., of various Tribunals.
Justice Hemant Gupta had a different opinion whereas Justices L Nageswara Rao and, S Ravindra Bhat had the same opinion that this provision is violative of the earlier given directions that the term of tribunal member should explicitly be 5 years.
Last year, the Apex Court in the Madras Bar Association vs Union of India Court highlighted several issues pertaining to the 2020 Tribunal Rules and had issued many directions to modify these issues.
The Court also directed the Central Government to constitute a National Tribunals Commission which will be dealing with the appointments, functioning of Tribunals, will conduct disciplinary proceedings against members of Tribunals and take care of administrative and infrastructural needs of the Tribunals.
The petitioner reportedly said that the Central Government has failed to follow the directions given by the Apex Court and hence there is no such constitution of any commission even after 4 months of the Judgement.
Therefore the petitioner asked for the directions of the Court to constitute the National Tribunals Commission in a time-bound manner.
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