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Tribunal Reforms Act, 2021

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Santhosh Kumar 20/12/2023
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Tribunal Reforms Act, 2021 comprehensive mind map When Passed by Parliament in August 2021 Replaced the Tribunals Reforms Ordinance, 2021 Why Rationalization and streamlining tribunal functions Shift functions to existing judicial bodies Reduce the burden on specialized tribunals What Abolishment of Certain Tribunals Film Certification Appellate Tribunal Airports Appellate Tribunal, etc. Transfer of Functions To High Courts and other judicial bodies Search-cum-Selection Committee Composition Chief Justice of India or Supreme Court Judge as Chairperson Two Central Government-nominated Secretaries Sitting/Outgoing Tribunal Chairperson or Retired Judge Secretary of the Union Ministry (non-voting) Function Recommend appointments for tribunals Tenure Provisions Four-year tenure Chairperson minimum age 50 Member tenure till 67 years Chairperson tenure till 70 years Amendments to Other Acts Finance Act, 2017 Consumer Protection Act, 2019 Where Across India Who Indian Parliament Various Judicial and Quasi-judicial Bodies How Legislative Process Introduction and Passing in Parliament Pros Reduces excessive tribunalization Restores jurisdiction to actual courts Increases accessibility to justice Addresses non-functionality of some tribunals Cons Hasty passage without adequate discussion Re-enactment of provisions previously struck down Violates principle of separation of powers Shifting of domain-specific cases to general courts Increase in burden on High Courts Expertise in tribunals overstated Lost opportunity for meaningful reform Way Forward Implementing true reforms Expanding district judiciary and High Courts Establishing autonomous appointment mechanisms Supervising tribunals by High Courts Considering an All India Tribunal Service

Summary: The Tribunal Reforms Act, 2021, represents an attempt to streamline the tribunal system in India by abolishing certain tribunals and transferring their functions to existing judicial bodies. While it aims to reduce the burden on specialized tribunals and increase accessibility to justice, the Act has faced criticism for its hasty passage, potential violation of the principle of separation of powers, and for reintroducing provisions previously struck down by the Supreme Court. The way forward includes implementing true reforms, expanding the judiciary, and establishing autonomous mechanisms for appointments and oversight.

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