Why in News?
The Tribunals Reforms Bill, 2026 was passed by Parliament to replace the Tribunals Reforms Act, 2021. The Bill seeks to provide a new framework for the appointment and service conditions of tribunal members in line with the Supreme Court's directions.
Importance
- Brings the tribunal system in line with the principles of judicial independence and separation of powers.
- Creates a common institutional framework for the functioning of tribunals.
- Seeks to improve the appointment process and address vacancies.
- Provides for monitoring of tribunal performance and complaints against members.
- Promotes better management of tribunal-related data through a National Tribunals Data Grid.
Key Provisions
National Tribunals Commission
The Bill proposes the establishment of the National Tribunals Commission. Its main functions will include:
- Conducting the selection process for tribunal appointments.
- Reviewing the performance of tribunals.
- Overseeing inquiries into complaints against tribunal Chairpersons and members.
- Developing and maintaining the National Tribunals Data Grid.
Composition of the Commission
The Commission will consist of:
- Chairperson: A former Supreme Court Judge or Chief Justice of a High Court.
- Two Judicial Members: Former Chief Justices or Judges of High Courts.
- Two Technical Members: Persons with at least 25 years of experience in fields such as public administration, finance, law, accountancy, banking, management or technology.
Selection of Tribunal Members
A search-cum-selection committee will recommend candidates for appointment to tribunals. For each vacancy, the committee will recommend:
- One person for appointment
- One additional person for the waiting list
The Central Government will be required to make the appointment within three months of receiving the recommendation.
Term of Tribunal Members
- Chairperson: 5 years or up to 70 years of age, whichever is earlier.
- Member: 5 years or up to 67 years of age, whichever is earlier.
Reappointment may be considered based on the person's previous performance.
Removal of Members
A Chairperson or member may be removed on grounds such as:
- Insolvency
- Conviction for an offence involving moral turpitude
- Physical or mental incapacity
- Abuse of position
- Financial or other interests affecting their functions
For tribunal members, incompetence, inefficiency and taking up paid assignments are also grounds for removal.
Why Tribunal Reforms are Needed?
- Tribunals were established to provide specialised and faster resolution of disputes in different areas of law.
- However, issues such as vacancies, delays in appointments, administrative control and concerns over independence have affected their functioning.
- The Supreme Court has also struck down certain provisions of the Tribunals Reforms Act, 2021, holding them inconsistent with principles relating to separation of powers and judicial independence.
- The new Bill seeks to address these concerns through a dedicated institutional mechanism.
