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THE TRIBUNAL REFORMS,2021 AND CRITICISM

byPwycompetitor

WHY IN NEWS

Recently, the central government passed a ordinance in which the Centre has abolished several appellate tribunals and authorities such as cinematograph act, copyright act, custom act, patent act etc. also transferred their jurisdiction to other existing judicial bodies.

  • The madras bar association has moved to the supreme court for challenging the tribunals reforms(Rationalization and conditions of services) ordinance,2021.
THE TRIBUNALS REFORMS( RATIONALIZATION AND CONDITIONS OF SERVICES)ORDINANCE,2021.
the ordinance amends the some provision related to the finance act,2017.
  • search-cum-selection committees:- the ordinance specifies the members of committee such as.
              • CJI, Supreme court judge(nominate by CJI), chairperson(with casting vote).
              • two secretaries(nominated by central government).
              • the sitting or outgoing chairperson or supreme court(retired) judge or high court judge(retire)
              • the secretary of the ministry under which the tribunal is constituted(no casting vote)
  • term of office:- ordinance specifies the term of office:-
    • chairperson- 4 years, 75 age.
    • members- 4 years, 67 age.
  • the ordinance has abolished several Appellate tribunals and authorities.
  • the ordinance also dissolve certain existing appellate bodies and transfer their function to other existing judicial bodies.

CRITICISM
  • The ordinance bypassing the usual legislative process.
  • rojer mathew vls south indian bank(2019):-  the supreme court directed, no judicial impact assessment was conducted prior to abolishing the tribunals through this ordinance.
  • madras bar association v/s union of india(2020):- 
    • the ordinance disregarding the court's direction for fixing a five year terms. 
    • the Centre is yet to constitute a national tribunals commission, an independent umbrella body to supervise the functioning of tribunals
TRIBUNALS
  • The 42nd amendment act(1976) added Part XIV-A to the constitution.
  • It is a quasi-judicial.
  • Part XIV-A consists of only two articles:-
    • Article 323A- A dealing with the administrative tribunals(The Centre and The states).
    • Article 323B- A dealing with the other tribunals:-
                    • Taxation.
                    • Foreign import and export.
                    • Industrial and Labour.
                    • land reforms.
                    • Ceiling on urban property.
                    • Election to parliament and state legislatures
                    • Food stuffs.
                    • Rent and tenancy rights.
THE ADMINISTRATIVE TRIBUNALS ACT,1985
  • The act Authorises the central government to establish two tribunals:-
    • central administrative tribunal.
    • state administrative tribunal.
    • joint administrative tribunal.
STRUCTURE:-
  • The tribunal consisting chairman and members. later, in 2006 the provision for the vice-chairman was removed by the administrative tribunals(amendments) act,2006.
  • TENURE:-
    • Chairman- 5 years, 65 age.
    • Members- 5 years, 62 age.
  • Appointed by the president of India.
ORDINANCE:-
The constitution empower the president to promulgate ordinances during the recess of parliament .these ordinance have the same force and effect as an act of parliament, but are in the nature of temporary laws.  
article- 123

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