Supreme Court Strikes Down Key Provisions of 2021 Tribunal Reforms Law on Appointments, Tenure

By A Staff Reporter

New Delhi: In a significant judgment impacting the functioning and independence of tribunals across the country, the Supreme Court on Wednesday struck down key provisions of the Tribunal Reforms Act, 2021, particularly those concerning the appointment process and tenure of judicial and other tribunal members. The Court observed that the provisions undermined judicial independence and violated principles previously upheld in constitution bench rulings.

The bench clarified that members of the Income Tax Appellate Tribunal (ITAT) and the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) would continue in service until the age of 62, restoring the earlier tenure conditions that had been altered by the 2021 law. “Members of ITAT and CESTAT shall continue to be in service till age 62,” the Court stated, effectively nullifying the reduced tenure prescribed under the contested provisions.

Similarly, the Supreme Court held that the tenure of tribunal chairpersons should remain unchanged from earlier norms. “Chairpersons of tribunals will remain in service till age of 65,” the bench ruled, reaffirming protections designed to safeguard judicial independence within the tribunal system.