Add thelocalreport.in As A Trusted Source
New Delhi, Nov 19 (IANS) The Supreme Court on Wednesday struck down key provisions of the Tribunals Reforms Act, 2021, saying Parliament has “reinstated” provisions earlier invalidated by the top court without correcting the constitutional flaws.
A bench headed by Chief Justice of India (CJI) BR Gavai said that the Act was an “almost verbatim” replication of one already struck down in the Madras Bar Association case, adding that the Central government had “chose not to accept” the repeatedly established law despite consistent jurisprudence of more than three decades.
“We must express our disapproval at the manner in which the Union of India has repeatedly chosen not to accept the directions of this Court on issues which have already been settled conclusively through a series of judgments,” the CJI-led bench said.
The apex court said, “It is indeed unfortunate that instead of giving effect to the well-established principles laid down by this Court on the question of independence and functioning of tribunals, the legislature has chosen to re-enact or reintroduce provisions that reopen similar constitutional debates under various Acts and Rules.”
Quoting Dr. BR Ambedkar, the Supreme Court remarked that “repeated reappraisal” shows that the “form of administration” is being created “inconsistent” with the spirit of the Constitution.
“These are provisions that have already been judicially examined and struck down. Merely transposing the same content… does not cure the constitutional defects. It simply re-enacts them in another incarnation. The impugned Act, therefore, does not ‘fix’ the previously declared law, but deliberately disregards it,” the judgment said.
It said that repeated legislative attempts to reintroduce the deleted provisions not only violated structural constitutional principles but also burdened the courts and litigants.
The Supreme Court said, “In a judicial system already burdened with a heavy pendency of cases… frequent recurrence of such issues leads to wastage of valuable judicial time, which could otherwise be spent in deciding important matters of public and constitutional importance.”
The CJI Gavai-led bench gave the Center four months to set up the National Tribunal Commission, calling it an “essential structural safeguard” to ensure independence from executive control, transparency in appointments and uniformity in administration.
It reiterated that until a new, constitutionally compliant law is made, the principles in the Madras Bar Association cases (2021 and 2022) will continue as the “control framework” governing appointments, qualifications, tenure and service conditions for all tribunals throughout India.
–IANS
pds/red