TRIBUNAL REFORMS ORDINANCE 2021

TRIBUNAL REFORMS ORDINANCE 2021

Subject : Governance

Context : The Centre has abolished several appellate tribunals and authorities and transferred their jurisdiction to other existing judicial bodies through the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance 2021. This Ordinance has been challenged in the Supreme Court.

Concept :

• The government, through the Tribunals Reforms Ordinance 2021, is seeking to dissolve some existing tribunals and transfer their functions to the existing judicial bodies.
• Through the Ordinance, the government seeks to amend the Finance Act 2017 to include provisions related to the composition of search-cum-selection committees and the term of office of members for 19 tribunals (such as Customs, Excise, and Service Tax Appellate Tribunal) in the Act itself.

Provisions Proposed in the Tribunals Reform Ordinance 2021:

Search-cum-selection committee

• The committee that is responsible to recommend the names of the chairpersons and the members for the appointment by the central government in the Tribunal is called the search-cum-selection committee. The composition of the committee as mentioned in the Tribunals Ordinance 2021 is:
• Chairperson – The Chief Justice of India, or a Supreme Court Judge nominated by him. He/She has the casting vote
• Two secretaries – Central Government nominates them
• The sitting or outgoing Chairperson, or a retired Supreme Court Judge, or a retired Chief Justice of a High Court
• The Secretary of the Ministry under which the Tribunal is constituted. He/She has no voting right.

Term of Office for the Tribunals Members

• The Tribunals Reform Ordinance states the following term of office:
• Chairperson – 4 years or till he attains the age of 70 years [Whichever is earlier]
• Remaining Members- 4 years or till they attain the age of 67 years [Whichever is earlier]

National Consumer Disputes Redressal Commission (NCDRC)

• The ordinance seeks to include the NCDRC within the purview of the Finance Act 2017. The NCDRC has been set up under the Consumer Protection Act, 2019.
• Further, the Centre is yet to constitute a National Tribunals Commission (NTC), an independent umbrella body to supervise the functioning of tribunals, appointment of and disciplinary proceedings against members, and to take care of administrative and infrastructural needs of the tribunals.