New Delhi (14.07.2021): The tenure of members and chairperson of tribunals fixed at four years under Section 12 of Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 (Ordinance) is struck down by the Supreme Court.
In an order issued on July 14, 2021, the Court read down the provisions stating that they would apply only prospectively and not retrospectively to appointments made before April 4, 2021.
The judgment, delivered by a Bench of Justices L Nageswarao Rao, Hemant Gupta, and Ravindra Bhat, followed a petition, filed immediately after the April 2021 Ordinance was promulgated, by the Madras Bar Association challenging Sections 12 and 13 of the ordinance by which Sections 184 and 186(2) of the Finance Act, 2017 was amended.
However, the judgment was not unanimous as Justice Gupta delivered a dissenting judgment and dismissed the petition.
According to a law website, the ordinance was introduced after the 2020 judgment of the Supreme Court in Madras Bar Association v. Union of India in which the top court had ordered some modifications to the Tribunal, Appellate Tribunal, and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020 (2020 Rules).
