Supreme Court strikes down some provisions of the Tribunals Reforms Act 2021

Posted 20 Nov 2025

2 min read

Article Summary

The Supreme Court struck down provisions of the Tribunals Reforms Act 2021 for violating separation of powers, judicial independence, and fundamental rights, emphasizing the need for an independent Tribunals Commission.

SC struck down some provisions of the Tribunals Reforms Act, 2021, because they were reproduced from the Tribunals Reforms Ordinance 2021 which was declared unconstitutional (Madras Bar Association case).

The provisions are mainly related to the appointment, tenure, and service conditions of members of various tribunals.
These principles violated the principles of separation of powers and judicial independence.
- The SC emphasized that since the executive is often a litigating party before tribunals, it cannot be allowed to play a dominant role in appointing their members.

Key highlights of the Judgement

Key Provisions which have been struck down
- Minimum Age of 50: Invalidated as arbitrary and violates Article 14 for excluding younger qualified professionals.
- Four-Year Tenure of chairpersons and members: Reinstated the 5-year tenure rule to ensure security of service.
Reiterated its earlier direction to the Centre to set up a National Tribunals Commission (within four months)
- The Commission was supposed to act as an independent body to supervise the appointments and functioning of Tribunals.
- Also, it will take care of the administrative and infrastructural needs of the Tribunals

About Tribunals

Tribunals were set up to ensure specialised, efficient adjudication and speedy resolution of specific categories of cases.
Part XIV-A was incorporated into the Constitution through the Forty-Second Amendment Act, 1976.
Under Article 323-A, Parliament is empowered to establish administrative tribunals for service-related matters, while Article 323-B enables the appropriate legislature to constitute tribunals for other enumerated subjects.