Tribunal Reforms Act 2021

Tribunal Reforms Act 2021

TOPIC: Polity

Context- The Supreme Court on Thursday said the government’s move to introduce a statute last year on key tribunals after the court struck down Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance of 2021. may amount to dishonouring its judgment.

Concept-

Tribunal Reforms Act, 2021: Salient Features:

• The Act absolves certain appellate tribunals/boards and shifts their functions to other existing judicial bodies such as high courts.
• It seeks to abolish certain appellate tribunals (for example, the Film Certification Appellate Tribunal, Airports Appellate Tribunal, etc.) and also bring in changes in the terms of service of the tribunal officials.
• Search-cum-Selection Committees will be constituted and on the basis of the recommendations of these committees, the Central Government would appoint chairpersons and members of tribunals.
  • The composition of the committees are as follows:
    • Chief Justice of India (CJI) OR a Supreme Court judge nominated by the CJI, as the Chairperson (with casting vote)
    • Two central government-nominated secretaries
    • Sitting or outgoing Chairperson, or a retired Supreme Court judge, or a retired Chief Justice of a High Court
    • Sitting chairperson – in case of appointment of a member of a tribunal (the sitting chairperson of that tribunal)
    • Outgoing chairperson – in case of appointment of a chairperson of a tribunal (the outgoing chairperson of that tribunal)
    • Retired SC judge/retired HC Chief Justice – in case of a tribunal’s Chairperson seeking reappointment.
    • Secretary of the Union Ministry under which the tribunal is to be constituted (with no voting rights)
  • There shall be separate Search-cum-Selection Committees for State administrative tribunals.
• The Act provides for a four-year tenure.
  • The Chairperson shall be of a minimum of fifty years of age.
  • The tenure is either four years or 67 years whichever is earlier, in case of a member.
  • For chairpersons, it is either four years or 70 years, whichever is earlier.