In Brief
The Supreme Court considered whether the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021 was constitutionally valid. The case centred on provisions prescribing a minimum age of 50 years for tribunal appointments, reducing tenure from five to four years, and modifying conditions of service. The majority held these provisions violated Articles 14 and 50 and breached separation of powers and judicial independence. The Court ruled that the minimum age requirement was arbitrarily discriminatory and that the legislature could not override binding directions from the earlier MBA-III judgment without removing the defect pointed out. The dissent argued policy matters fell within Parliament's exclusive domain. The Court allowed the petition partly, striking down the age requirement, tenure reduction, and related provisions while upholding retrospective application to future appointments.
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