In Brief
The Supreme Court considered whether a 2021 Ordinance amending the Finance Act, 2017 and imposing new conditions on tribunal member appointments was constitutional. The three judges delivered divergent opinions on whether Parliament could override the Court's earlier judgment (MBA-III). L. Nageswara Rao, J. (joined by S. Ravindra Bhat, J.) held the age requirement of 50 years, tenure of four years, and other provisions unconstitutional as they violated separation of powers and judicial independence without removing the defect the Court had identified. Hemant Gupta, J. dissented, holding these were within Parliament's legislative domain. The majority declared several provisions void, protecting tribunal members' tenure under earlier interim orders.
The lawyer headnote and full judgment text are available to registered users.