The Supreme Court on Tuesday struck down parts of the Tribunal Reforms
Act, 2021. The judges said these parts were almost the same as an earlier
ordinance that the court had already declared unconstitutional. In other words,
the government had made small changes but kept the main ideas the same,
which the court said was not acceptable.
The Tribunal Reforms Act controls how members of different tribunals are
appointed, how long they can serve, and how these bodies function. Earlier,
the Supreme Court had ruled that some of these rules were unfair and went
against the Constitution because they limited the independence of tribunals.
Despite this, the government brought back similar rules through the Act.
The court said that Parliament cannot simply reintroduce laws that the court
has already rejected, even with minor changes. Doing so would weaken the
Constitution and reduce the independence of tribunals, which are important
for ensuring justice in many specialised areas like taxation, finance, and
the environment.
The Supreme Court’s decision means that the struck-down parts of the law
cannot be used anymore, and the government will need to create new rules
that follow the Constitution and protect the impartial functioning of tribunals.