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Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021
April 19 , 2021
1121 days
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- It was prepared by the Ministry of Law and Justice.
- The President of India has promulgated this ordinance.
- It dissolves certain existing appellate bodies and transfers their functions (such as adjudication of appeals) 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 Supreme Court nominated by him.
- Tenure: 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.
- The Ordinance omits following Tribunals/ Appellate Authorities from the purview of Finance Act, 2017
- Airport Appellate Tribunal established under the Airport Authority of India Act, 1994.
- Appellate Board established under the Trade Marks Act, 1999.
- Authority for Advance Ruling established under the Income Tax Act, 1961.
- Film Certification Appellate Tribunal established under the Cinematograph Act, 1952.
- In some of the tribunals the public at large is not litigant.
- By the Finance Act, 2017, seven tribunals were abolished or merged based on functional similarity and their total number was reduced to 19 from 26.
Tribunals
- Tribunal is a quasi-judicial institution.
- It is set up to deal with problems such as resolving administrative or tax-related disputes.
- They were not originally a part of the Constitution.
- The 42nd Amendment Act introduced these provisions in accordance with the recommendations of the Swaran Singh Committee.
- The Amendment introduced Part XIV-A to the Constitution, which deals with ‘Tribunals’ and contains two articles 323A and 323B.
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