Supreme Court has declared some provisions of the Tribunal Reform Ordinance as unconstitutional

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New Delhi: The Supreme Court on Wednesday reinstated the Tribunals Reforms (Streamlining and Conditions of Service) Ordinance, 2021, by its decision of 2:1, but some related to the service conditions of the chairman, vice-chairman, and other members. The provisions were termed ‘unconstitutional’.

The apex court struck down the provisions relating to the provision of a minimum age of 50 years and tenure of four years for the appointment of the chairperson or members and said that such conditions may lead to separation of powers, independence of the judiciary, rule of law and Articles of the Constitution. 14 are opposite.

The majority decision recognized that security of tenure and service conditions were recognized as key components of the independence of the judiciary. The court said that “fairness, independence, and reasonableness” in decision making are the hallmarks of the judiciary and if “fairness” is the soul of the judiciary then “independence” is the lifeblood of the judiciary.

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The top court also expressed concern over the Centre’s “inaction” in making appointments to the chairperson and members of the tribunal and filling up long-standing vacancies. A bench of Justices L Nageswara Rao, S Ravindra Bhat, and Hemant Gupta, in its 157-page majority judgment, held that the tenure of the Chairperson of the tribunal shall be five years or till he attains 70 years of age (whichever is earlier) and The term of the members of the Tribunal shall be five years or till they attain the age of 67 years (whichever is earlier).

In the majority judgment, Justice Hemant Gupta contrasted the view of Justice Rao and Justice Bhat and held that the provisions are legal and valid and fall within the exclusive jurisdiction of the legislature.

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