The Tribunal Rules, 2021 contradict the Supreme Court rulings
Distilled Policy Brief
- Supreme Court rulings (1986, 2014, 2019) mandate that tribunals supplanting High Courts must have the same independence and judicial experience as High Courts, and that the Executive should not administer them; the 2021 Ordinance and Tribunals Reforms Bill, 2021, replicated provisions struck down by the Court, including a four‑year term for members and central government control of leave and appointments; the Bill is currently challenged in the Supreme Court for violating these principles.
🎯 Prelims High-Yield Examination Points
Supreme Court 1986: Parliament may create tribunals equivalent to High Courts only if they possess the same efficacy and independence as High Courts.
⚖️ Mains Analytical & Syllabus Linkages
The 2021 tribunal reforms illustrate the tension between Parliament’s legislative authority and the Supreme Court’s role in safeguarding judicial independence, highlighting the need for a robust, autonomous tribunal system to uphold the separation of powers.
🎯 UPSC Prelims Practice Drill
Which provision in The Tribunal (Conditions of Service) Rules, 2021 is most directly inconsistent with the Supreme Court's 1986 ruling that a tribunal supplanting a High Court must have a Chairman equivalent to the Chief Justice of that High Court?
- [A] A four‑year term of office for tribunal members
- [B] Central government control over leave and appointments of tribunal members
- [C] Appointment of a person with at least three years’ experience as a Judicial or Administrative Member as Chairman of the Central Administrative Tribunal
- [D] Specification of salaries and service conditions by the central government
▶ Reveal Official Answer & Analytical Explanation
The 1986 Supreme Court judgment mandates that the Chairman of a tribunal that replaces a High Court must be a current or former High Court Judge, i.e., equivalent to a Chief Justice. The 2021 Rules allowing a member with only three years’ experience to become Chairman violates this requirement. The other options, while raising independence concerns, do not directly contravene the specific 1986 ruling on the Chairman’s qualifications.
🏛️ Historical Twin PYQ Anchor (2021)
Consider the following statements regarding the "National Clean Air Programme (NCAP)": 1. It is implemented by the Ministry of Environment, Forest and Climate Change. 2. Central Pollution Control Board acts as the sole regulatory executive body.