SC Struck Down Key Provisions of the Tribunal Reforms Act, 2021

• 22 Nov 2025

For Prelims: Supreme Court of India, Judicial independence, Judicial review, Articles 323-A and 323-B. 

For Mains: Doctrine of separation of powers and judicial independence in India, Role and reform of tribunals in reducing judicial backlog, Separation of powers

Source: TH

Why in News? 

The Supreme Court of India has struck down key provisions of the Tribunal Reforms Act, 2021, ruling that they gave the Union government excessive control over the appointment, tenure and functioning of tribunals. 

• The Court held that such provisions undermine judicial independence and violate constitutional principles. 
• It also directed the Centre to set up a National Tribunal Commission within four months to ensure autonomy and transparency in tribunal administration.

What are the Key Provisions of the Tribunals Reforms Act, 2021 Struck Down by the SC?

• Minimum Age of 50 Years for Appointment: Struck down for being arbitrary and excluding competent younger advocates and experts.
  • It violated earlier SC rulings that allowed advocates with 10 years of practice to be eligible.
• Four-Year Tenure for Chairpersons and Members: Invalidated it because short tenure undermines judicial independence and institutional continuity, and SC reinstated the minimum five-year tenure.
• Panel of Two Names per Vacancy for Government: SC struck down as it restored executive dominance over appointments. 
  • The court directed that only one name per post must be recommended by the Search-cum-Selection Committee (SCSC) to curb excessive executive discretion in appointments.
• Service Conditions Equated with Civil Servants: Invalidated it because tribunal members perform judicial functions, not executive functions. Equating them with civil servants violated separation of powers.
• Legislative Override of SC Judgments: The Act simply repackaged provisions from the 2021 Tribunal Ordinance, which the SC had already invalidated.

  • The Court emphasised that judicial review is part of the Basic Structure, and Parliament cannot override a binding judgment by reenacting the same flawed law.

  • Parliament must remedy the defect, not restate invalidated provisions. This attempt to bypass judicial directions violated constitutional supremacy.

What are Tribunals?

• About: Tribunals are quasi-judicial bodies meant to reduce the burden on regular courts and bring technical expertise to specialised disputes.
• Constitutional Provision: The 42nd Amendment Act of 1976 inserted Part XIV-A into the Constitution of India, which consists of Articles 323A and 323B, providing for the establishment of Tribunals.
  • Article 323A allows Parliament to set up Administrative Tribunals for service matters of employees in the Centre, states, local bodies, public corporations and other public authorities.
  • Article 323B permits Parliament and state legislatures to create tribunals on subjects like taxation, land reforms and industrial disputes.
  • In 2010, the SC clarified that legislatures can establish tribunals for any subject listed in the Seventh Schedule, not just those specified under Article 323B.
• Importance:
  • Reduced Court Backlogs: They take over domain-specific caseloads from regular courts.
  • Greater Accessibility: Benches are often spread across the country, easing access for litigants.
  • Specialised Expertise: Judges and technical members handle complex issues more effectively.
    • Bodies like the Central Administrative Tribunal (CAT) speed up resolution for government employees.

What are the Key Issues Associated with India's Tribunal System?

• Threat to Judicial Independence: The Tribunals Reforms Act, 2021 gave the Union Government dominant control over appointments, tenure, salaries and service conditions of tribunal members.

  • Since the government is the largest litigant before tribunals, this executive dominance destroys the requirement of impartial and independent adjudication and violates constitutional principles of judicial independence, a basic feature of the Constitution.

• No Centralised Oversight Mechanism: Unlike the courts (which have the National Judicial Data Grid), tribunals lack real-time performance statistics.

  • Absence of a supervisory body undermines transparency, reform, and evidence-based policymaking.

• High Pendency: Several tribunals are burdened with large backlogs. For instance, Income Tax Appellate Tribunal alone had Rs 6.7 trillion stuck in disputes (as of 2024), affecting revenue mobilisation and investor confidence.
  • Chronic vacancies and slow appointments worsen delays, undermining efficiency.
• Short Tenure: Tribunal members often serve short with the possibility of reappointment. This increases executive influence, as members may feel pressured to align with the government to secure extensions.
• Non-Uniform Procedures: Different tribunals follow different rules, formats and processes. This lack of uniformity leads to inconsistency in justice delivery and creates confusion for litigants.
• Overlapping Jurisdictions: In some cases, tribunal powers overlap with those of regular courts. This results in jurisdictional conflicts, delays and confusion about where certain matters should be heard.
• Lack of Tribunals-Specific Data and Research: Tribunals lack a dedicated data and research system, making reforms ad hoc and slow. This gap weakens planning, resource allocation, and evidence-based policy evaluation.

What Measures can Strengthen India’s India’s Tribunal System?

• National Tribunal Commission: The Supreme Court directed the Centre to establish a National Tribunal Commission as an essential structural safeguard to ensure autonomy, transparency, and uniformity in the appointment, administration, and functioning of tribunals.

• Leverage Technology: Expand e-filing, virtual hearings, digitised records, and AI-based case management to enhance efficiency and transparency

• Streamline Procedures: Standardise procedural rules across tribunals to ensure uniformity, reduce delays, and improve user experience.

• Clarify Jurisdictional Boundaries: Avoid overlapping powers between tribunals and courts through clear legislative guidelines to reduce confusion and forum shopping.
• Enhance Training & Capacity Building: Provide regular legal and technical training for both judicial and expert members to improve quality and consistency of decisions.

Conclusion

• The Supreme Court’s ruling reinforces that tribunals must function with genuine independence, free from executive influence. Strengthening autonomy through a National Tribunal Commission and standardised procedures is essential for restoring public trust. A reformed tribunal system can deliver faster, fairer and more efficient justice across specialised sectors.

Drishti Mains Question:

Q. Examine the constitutional and institutional challenges in India’s tribunal system. How would a National Tribunal Commission address these issues?

Frequently Asked Questions (FAQs)

1. What constitutional provisions govern the establishment of tribunals in India?

Articles 323A and 323B (inserted by the 42nd Amendment) empower Parliament and state legislatures to create administrative and subject-specific tribunals for specialised adjudication.

2. Why did the Supreme Court strike down provisions of the Tribunal Reforms Act, 2021?

The Court found the Act granted excessive executive control over appointments, tenure and service conditions—undermining judicial independence and violating separation of powers.

3. What is the National Tribunal Commission recommended by the Court?

A proposed independent oversight body to ensure autonomy, transparency and uniformity in tribunal appointments, administration and functioning.

UPSC Civil Services Examination Previous Year Question (PYQ) 

Prelims: 

Q. The National Green Tribunal Act, 2010 was enacted in consonance with which of the following provisions of the Constitution of India? (2012)

1. Right to healthy environment, construed as a part of Right to life under Article 21 
2. Provision of grants for raising the level of administration in the Scheduled Areas for the welfare of Scheduled Tribes under Article 275(1) 
3. Powers and functions of Gram Sabha as mentioned under Article 243(A) 

Select the correct answer using the codes given below: 

(a) 1 only 

(b) 2 and 3 only 

(c) 1 and 3 only 

(d) 1, 2 and 3 

Ans: (a)

---

Mains 

Q. How far do you agree with the view that tribunals curtail the jurisdiction of ordinary courts? In view of the above, discuss the constitutional validity and competency of the tribunals in India? (2018)