The Tribunals Reforms Bill, 2021, in the context of the recent Supreme Court judgement
Distilled Policy Brief
- The Bill amends the Finance Act, 2017 to bring qualifications, appointments, term of office, and salaries of tribunal members directly under its statutory purview.
- Although the Supreme Court in July 2021 struck down the four-year tenure and 50-year minimum age requirement for tribunal members, the 2021 Bill retained these provisions.
🎯 Prelims High-Yield Examination Points
Note that the Tribunals Reforms Bill, 2021 proposes transferring appellate functions under various parent acts (such as the Trade Marks Act, 1999 and Patents Act, 1970) directly to High Courts.
⚖️ Mains Analytical & Syllabus Linkages
Analyze the impact of short tenures and executive control over tribunal appointments on judicial independence, particularly when statutory provisions override Supreme Court rulings.
🎯 UPSC Prelims Practice Drill
With reference to the Tribunals Reforms Bill, 2021, consider the following statements: 1. It amends the Finance Act, 2017 to bring the qualifications and terms of office of tribunal members directly under statutory purview instead of notification rules. 2. It proposes to transfer the appellate functions under the Cinematograph Act, 1952, and the Trade Marks Act, 1999, to the High Courts. 3. It fully complied with the July 2021 Supreme Court judgement by removing the 50-year minimum age bar for appointment as a tribunal member. Which of the statements given above are correct?
- [A] 1 and 2 only
- [B] 2 and 3 only
- [C] 1 and 3 only
- [D] 1, 2 and 3
▶ Reveal Official Answer & Analytical Explanation
Statements 1 and 2 are correct: The Bill amends the Finance Act, 2017 to specify qualifications, appointments, and terms of office directly in the law, and transfers appellate functions from bodies like the Appellate Tribunal under the Cinematograph Act, 1952 and Appellate Board under the Trade Marks Act, 1999 to High Courts. Statement 3 is incorrect because the Bill retained the 50-year minimum age bar and four-year tenure provisions, despite the Supreme Court striking them down in July 2021.
🏛️ 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.