The Tribunals Reforms Act, 2021, has introduced significant changes to the functioning and independence of tribunals in India. While the Act aims to streamline tribunal operations, it raises concerns about their autonomy and effectiveness.
Positive Impact:
- Rationalization: The Act consolidates and rationalizes the number of tribunals, reducing fragmentation and enhancing efficiency.
- Streamlined Appointments: The Act establishes a National Tribunals Commission for appointments, ensuring transparency and accountability.
- Tenure and Terms: Fixed tenures and terms for chairpersons and members aim to reduce uncertainty and promote stability.
Negative Impact:
- Erosion of Independence: The Act empowers the Central Government to appoint and remove chairpersons and members, potentially compromising tribunal autonomy.
- Reduced Judicial Oversight: The Act limits judicial review, making it challenging for individuals to challenge tribunal decisions.
- Weakened Composition: The Act allows for non-judicial members to chair tribunals, potentially undermining their legal expertise.
Critical Analysis:
- Constitutional Validity: The Act’s provisions may be challenged for violating the principles of separation of powers and judicial independence.
- Conflict of Interest: The Central Government’s control over appointments and removals may lead to conflicts of interest.
- Effectiveness: The Act’s measures to enhance efficiency may not address the root causes of tribunal inefficiencies.
The Tribunals Reforms Act, 2021, is a mixed bag. While it aims to streamline tribunal operations, it raises concerns about independence, autonomy, and effectiveness. The government must strike a balance between efficiency and judicial oversight to ensure tribunals function as intended.
Legacy Editor Changed status to publish April 10, 2025