Shivani Pandey-
Published on August 03, 2021 at 10:38 AM
The Apex Court earlier on July 14 had struck down the provision fixing the tenure of chairpersons and members of tribunals at 4 years, but the same has been currently reintroduced.
The Central Government has unveiled the Tribunal Reforms Bill, 2021 laying down the tenures and other service conditions of tribunal members.
Supreme Court earlier struck down the freshly inserted Section 184 of the Finance Act, 2017.
However, as per Section 5 of the new Bill, the term of office of the Chairperson of a tribunal shall be four years or till the person attains the age of 70, whichever is earlier.
Similarly, for members of tribunals, the tenure has been decided as four years or till he/she attains 67 years, whichever is earlier.
“Notwithstanding anything contained in any judgment, order or decree of any court, or in any law for the time being in force, — (i) the Chairperson of a Tribunal shall hold office for a term of four years or till he attains the age of seventy years, whichever is earlier; (ii) the Member of a Tribunal shall hold office for a term of four years or till he attains the age of sixty-seven years, whichever is earlier,” Section 5 states.
The same reappears in the new Bill as a proviso to Section 3.
Likewise, the Supreme Court in its July 14 ruling had stated that the provision relating to recommendation of two names for each post by the Search-cum-Selection Committee (SCSC) and further, requiring the decision to be taken by the government preferably within three months, is violative of the Constitution.
The new Bill in Section 3(7) mentions the same. In November 2020, the Apex Court in its judgment had ordered that the term of office of the Chairperson and tribunal members should be five years.
Moving forward from the same, the government had introduced the 2021 Ordinance, which kept the tenure at four years. This move was once again done away within the July 2021 judgment, following which the present Bill has been introduced.
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