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Comprehensive News & Analysis

01-05-2021 | 13:07 PM

Tribunal Reforms Ordinance, 2021


  • Recently, the President promulgated Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021 through which the Appellate authorities under nine laws have been replaced with High Courts.

  • The Ordinance has amended the Finance Act 2017 to include provisions related to the composition of search-cum-selection committees, and term of office of members in the Act itself.

Key Highlights:

  • The ordinance seeks to dissolve certain existing appellate bodies and transfer their functions to other existing judicial bodies.

  • It seeks to empower the Central Government to make rules for qualifications, appointment, term of office, salaries and allowances, resignation, removal, and other terms and conditions of service of Members of Tribunals.

  • It provides that the Chairperson and Members of the Tribunals will be appointed by the Central Government on the recommendation of a Search-cum-Selection Committee.

  • It also provides the composition of the Committee, to be headed by the Chief Justice of India or a Judge of the Supreme Court nominated by him.

  • Chairperson of a Tribunal shall hold office for a term of 4 years or till he attains the age of 70 years, whichever is earlier. Other Members of a Tribunal shall hold office for a term of 4 years or till he attains the age of 67 years, whichever is earlier.

Note:

  • Article 123 of the Indian Constitution provides powers to the president to promulgate an ordinance. An ordinance laid under the act has the same effect as that of an act.

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