In Brief
The Supreme Court struck down key provisions of the Tribunals Reforms Act, 2021, finding them unconstitutional. The Act reintroduced provisions previously invalidated (a 50-year minimum age, four-year tenure, and two-name selection panels) without addressing the underlying constitutional defects. The Court held that Parliament cannot override binding judicial decisions by merely re-enacting struck-down provisions in new statutory form. Constitutional supremacy—not parliamentary sovereignty—governs India; all branches must respect the Constitution and judicial interpretations thereof. The principles of separation of powers and judicial independence require tribunals to operate independently from executive control. The minimum age requirement arbitrarily excludes capable younger advocates, violating Article 14. The Court directed creation of a National Tribunals Commission within four months and reaffirmed that prior judicial standards on appointments, tenure, and service conditions must govern tribunal governance until Parliament enacts constitutionally compliant legislation.
The lawyer headnote and full judgment text are available to registered users.