The Supreme Court today struck down several provisions of the 2021 Tribunals Reforms law related to the appointment, tenure, and service conditions of members of various tribunals. A bench of Chief Justice B R Gavai and Justice K Vinod Chandran said the provisions had been re-enacted by the Centre with minor tweaks. The bench added that the impugned provisions violated the principles of separation of powers and judicial independence, and they should not have been brought back.
The bench said that dealing with the backlog of cases is not the sole responsibility of the judiciary, and the onus must be shared by the other arms of the government. The court restored the earlier judicial directions on tenure, making it clear that members of the Income Tax Appellate Tribunal and the Customs, Excise and Service Tax Appellate Tribunal shall continue to be in service until the age of 62, while their chairpersons or presidents shall remain in office until the age of 65. Earlier, the top court reserved its verdict on a batch of petitions challenging the constitutional validity of the Tribunals Reforms Act, 2021.
