Promulgation of “Tribunals Reforms Ordinance 2021”

Promulgated: On 4th April 2021

Ministry: Law and Justice

About the Tribunals Reforms Ordinance 2021:

Purpose of the Ordinance: 

• It dissolves at least eight existing appellate tribunals. Now, High Courts and certain other bodies will be the appellate bodies under 9 acts.
• Further, it also amends the Finance Act 2017.

Key Provisions of the Tribunals Reforms Ordinance :

1. Nine Laws: The above-mentioned nine laws where the existing appellate authorities have been replaced are:
   1. The Cinematograph Act, 1952.
   2. The Trade Marks Act, 1999.
   3. The Copyright Act, 1957.
   4. The Customs Act, 1962.
   5. The Patents Act, 1970.
   6. The Airports Authority of India Act, 1994.
   7. The Control of National Highways (Land and Traffic) Act, 2002.
   8. The Geographical Indications of Goods (Registration and Protection) Act, 1999.
   9. Protection of Plant Varieties and Farmers Rights Act,2001.
2. Amendment to Finance Act,2017:
   1. The ordinance empowers 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.
   2. Search-cum-Selection Committee: It also provides that the central government will appoint the Chairperson and Members of the Tribunals on the recommendation of a Search-cum-Selection Committee.
   3. Composition: The Committee will consist of:Chief Justice of India or a Supreme Court Judge nominated by him, as the Chairperson (with casting vote),Secretaries nominated by the central government,The sitting or outgoing Chairperson, or a retired Supreme Court Judge, or a retired Chief Justice of a High Court.The Secretary of the Ministry under which the Tribunal is constituted (with no voting right).
   4. Tenure: Now, The tenure of Chairperson of a Tribunal is for a term of four years or till the age of 70, whichever is earlier. Members of a tribunal will also have a tenure of four years or until they turn 67
   5. .Abolishing of appellate bodies and transfer of functions: The Bill abolishes certain appellate bodies and transfer their functions to existing judicial bodies.

About Tribunals:

• Tribunal is a quasi-judicial institution that was set up to deal with problems such as resolving administrative or tax-related disputes.
• For this purpose, Tribunals were added to the Constitution by Constitution (Forty-second Amendment) Act, 1976 as Part XIV-A which has only two articles:
  • Article 323-A deals with Administrative Tribunals.
  • Article 323-B deals with tribunals for other matters.

Click Here to Read more about Tribunals

Source: The Hindu