‘Violates separation of powers and judicial independence principles’: Supreme Court s
‘Violates separation of powers and judicial independence principles’: Supreme Court strikes down provisions of Tribunals Reforms Act
M.U.H
19/11/202527
A bench of Chief Justice of India B R Gavai and K Vinod Chandran said that provisions already struck down by it in an earlier Ordinance had been reenacted in the 2021 law with minor tweaks.
“Thus, we have held that the provisions of the 2021 act cannot be sustained as they violate the separation of powers and judicial independence principles. It amounts to legislative overwriting without curing any defects, and the binding judgment. It falls foul. Thus, it is struck down as unconstitutional,” the bench said.
On July 14, 2021, the Supreme Court, in a 2:1 verdict, struck down certain provisions of the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, relating to the minimum age requirement of 50 for appointment as chairperson or members and fixing their tenure at four years.
The ruling came on an appeal by the Madras Bar Association challenging the Ordinance’s provisions.
The majority verdict by Justices L Nageswara Rao and S Ravindra Bhat, both since retired, said if “impartiality” is the soul of the judiciary, “independence” is the lifeblood of the judiciary.
“Without independence, impartiality cannot thrive. Independence is not the freedom for Judges to do what they like. It is the independence of judicial thought,” it said. “It is the freedom from interference and pressures which provides the judicial atmosphere where he can work with absolute commitment to the cause of justice and constitutional values,” the court had said then.
But in August 2021, the government brought in the Tribunal Reforms Bill, 2021, containing provisions substantially similar to those of the earlier law.
