The Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 was promulgated in April 2021, marking a significant shift in India's approach to adjudicating disputes through specialized tribunals. This ordinance was later replaced by the Tribunal Reforms Act, 2021, which sought to streamline the functioning of tribunals and address various challenges within the existing framework. This article aims to delve into the critical features and implications of the Tribunal Reforms Act, 2021, and examine its impact on the judicial landscape of India.
Objectives of the Tribunal Reforms Act, 2021
The Tribunal Reforms Act, 2021 was enacted with the following objectives:
- Abolish Redundant Tribunals: The Act aims to dissolve certain appellate tribunals that were deemed unnecessary, reallocating their functions to established judicial bodies like High Courts.
- Rationalize Judicial Functions: It seeks to streamline the appellate process, thereby enhancing the efficiency of the judicial system.
- Revise Terms of Service for Tribunal Officials: The Act introduces changes to the terms of service for tribunal members, including their appointment and tenure.
Key Features of the Tribunal Reforms Act, 2021
1. Abolition of Certain Appellate Tribunals
One of the most significant changes introduced by the Tribunal Reforms Act is the dissolution of several appellate tribunals, including:
- The Film Certification Appellate Tribunal
- The Airports Appellate Tribunal
By shifting these functions to existing judicial bodies like High Courts, the government aims to eliminate redundancy and enhance the efficiency of the appellate process.
2. Establishment of Search-cum-Selection Committees
The Act mandates the formation of Search-cum-Selection Committees for the appointment of tribunal chairpersons and members. These committees will play a crucial role in ensuring transparency and meritocracy in appointments. The composition of these committees includes:
- Chief Justice of India (CJI) or a nominated Supreme Court judge as the Chairperson (with a casting vote).
- Two central government-nominated secretaries.
- A sitting or outgoing chairperson, a retired Supreme Court judge, or a retired Chief Justice of a High Court.
- The secretary of the Union Ministry under which the tribunal is to be constituted (without voting rights).
Separate Search-cum-Selection Committees will be constituted for state administrative tribunals, ensuring a similar standard of selection at the state level.
3. Tenure of Tribunal Officials
The Tribunal Reforms Act stipulates the following terms of tenure for tribunal officials:
- Chairperson: Minimum age of 50 years, with a tenure of either four years or until the age of 70, whichever is earlier.
- Members: Tenure is also four years or until the age of 67, whichever is earlier.
This structure aims to ensure that experienced individuals lead the tribunals while maintaining a reasonable age limit for retirement.
4. Changes to the Finance Act, 2017
The Tribunal Reforms Act effectively removes certain provisions from the Finance Act, 2017, which had previously merged tribunals based on domains. The Act also delegated powers to the central government to notify rules concerning the qualifications of tribunal members, terms of service, and other essential conditions.
Amendments to Related Acts
The Tribunal Reforms Act, 2021, also amends other relevant legislations, notably the Consumer Protection Act, 2019. Here are some notable changes:
| Proposed Entity | Appellate Body |
|---|---|
| The Cinematograph Act, 1952 | High Court |
| The Trade Marks Act, 1999 | High Court |
| The Copyright Act, 1957 | Commercial Court/Commercial Division of a High Court |
| The Customs Act, 1962 | High Court |
| The Patents Act, 1970 | High Court |
| Airports Authority of India Act, 1994 | Central Government for certain disputes; High Court for appeals |
| Control of National Highways (Land and Traffic) Act, 2002 | Civil Court |
| Geographical Indications of Goods (Registration and Protection) Act, 1999 | High Court |
Issues and Concerns Surrounding the Tribunal Reforms Act
While the Tribunal Reforms Act aims to improve the judicial framework, several issues and concerns have been raised by stakeholders:
1. Hasty Legislative Process
The Supreme Court has criticized the swift passage of the bill in Parliament, arguing that it lacked adequate discussion and debate. Such haste can undermine the democratic process and the quality of legislation.
2. Reenactment of Struck Down Provisions
Several provisions regarding the tenure and conditions of service for tribunal members and chairpersons had previously been struck down by the judiciary in the Madras Bar Association case (2021). The reenactment of these provisions raises questions about the government's commitment to upholding judicial independence.
3. Concerns Over Security of Tenure
The new Act stipulates that the chairperson must be over 50 years of age, which critics argue undermines the security of tenure. This requirement was previously invalidated by the Supreme Court, indicating that the government may be disregarding judicial directives.
4. Separation of Powers and Judicial Independence
Critics contend that allowing the central government to make decisions based on the recommendations of the Search-cum-Selection Committees violates the principle of separation of powers and jeopardizes the independence of the judiciary.
5. Burden on High Courts
The shift of cases from specialized tribunals to High Courts raises concerns about the already overburdened Indian judicial system. As of June 2021, there were over 91,000 pending cases across various High Courts. This move may exacerbate the backlog, contradicting previous judicial decisions advocating for specialized tribunals to alleviate the burden on High Courts.
Conclusion
The Tribunal Reforms Act, 2021 represents a significant overhaul of India's tribunal system, aiming to streamline functions and enhance the efficiency of justice delivery. While the Act's intention to rationalize judicial functions and improve transparency in appointments is commendable, several critical issues remain unaddressed.
The hasty legislative process, reenactment of previously struck down provisions, and potential undermining of judicial independence raise concerns about the long-term implications of the Act. It is crucial for the government to ensure that reforms are not only implemented effectively but also align with the principles of justice, fairness, and accountability.
As India continues to navigate the complexities of its judicial system, the successful implementation of the Tribunal Reforms Act will depend on balancing the need for efficiency with the preservation of judicial independence and the protection of individual rights. Stakeholders, including legal experts, civil society, and the judiciary, must work collaboratively to ensure that the Tribunal Reforms Act achieves its intended objectives without compromising the foundational principles of justice in the country.
