The Tribunals Reforms Act, 2021

India enacted the Tribunal Reforms Act, 2021 with the objective of reforming the tribunals in India.[1]

Tribunals in India proved to be a big game changer for the fast delivery of justice in the country, although many points have challenged in courts and the provisions have been struck down by the Supreme Court.[2] In order to develop them more, the Tribunals Reforms Act, 2021 was passed by the Government of India. In total there are 35 Sections in the Tribunal Reforms Act, 2021.[3] Many suggestions of the previous Law Commission were incorporated.

On November 19 of 2025, the Supreme Court struck down key provisions of the Tribunal Reforms Act, 2021 because it gave excessive executive control over tribunal appointments(for example, in the Search cum Selection Committee member appointments, dependence for funds and infrastructure on ministries), tenure, and service conditions, violating the constitutional principles of judicial functional independence, financial autonomy and separation of powers. The Court found that Parliament had simply repackaged provisions from the previously invalidated 2021 Tribunal Ordinance without addressing the constitutional defects, effectively attempting to override binding Supreme Court judgments. The invalidated provisions included allowing the government to equate tribunal members with civil servants, enabling arbitrary curtailment of tenure, and maintaining executive dominance in appointments despite the government being the largest litigant before tribunals. Also the minimum age of members as 50 years was arbitrary. The Supreme Court directed the Centre to establish a National Tribunal Commission within four months as an essential structural safeguard to ensure independence, transparency, and uniformity in tribunal functioning, appointments, and administration. Chief Justice Gavai emphasized that Parliament must respect settled constitutional law and remedy identified defects rather than merely reenacting invalidated provisions in different forms(since the Tribunal Rules 2020 and then the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021 had already been declared unconstitutional by the Court).[2]

Key provisions:[3]

  • Several appellate tribunals have been abolished; their cases shifted to High Courts/other judicial bodies.
  • Designation of chairman and vice chairman has been made uniform across all tribunals.
  • A Search-cum-Selection Committee recommends appointments to tribunals.
  • Tenure fixed at 4 years; minimum age for appointment is 50. Upper age limit: 67 (members) and 70 (chairpersons), or completion of 4-year term.
  • Reappointment allowed, with weightage to past service.
  • Removal of chairperson/members by Central Government based on Committee’s recommendation.

List of Sections of the Tribunal Reforms Act, 2021

  1. Short title and commencement  
  2. Definitions
  3. Qualifications, appointment, etc., of Chairperson and Members of Tribunal.
  4. Removal of Chairperson or Member of Tribunal
  5. Term of office of Chairperson and Member of Tribunal
  6. Eligibility for re-appointment
  7. Salary and allowances
  8. Amendment of Act 14 of 1947: Provides for the amendment to THE INDUSTRIAL DISPUTES ACT, 1947
  9. Amendment of Act 37 of 1952: Provides for the amendment to THE CINEMATOGRAPH ACT, 1952
  10. Amendment of Act 14 of 1957: Provides for the amendment to THE COPYRIGHT ACT, 1957
  11. Amendment of Act 43 of 1961: Provides for the amendment to THE INCOME-TAX ACT, 1961
  12. Amendment of Act 52 of 1962: Provides for the amendment to THE CUSTOMS ACT, 1962
  13. Amendment of Act 39 of 1970: Provides for the amendment to THE PATENTS ACT, 1970
  14. Amendment of Act 13 of 1976: Provides for the amendment THE SMUGGLERS AND FOREIGN EXCHANGE MANIPULATORS (FORFEITURE OF PROPERTY) ACT, 1976
  15. Amendment of Act 13 of 1985: Provides for the amendment to THE ADMINISTRATIVE TRIBUNALS ACT, 1985
  16. Amendment of Act 54 of 1987: Provides for the amendment to THE RAILWAY CLAIMS TRIBUNAL ACT, 1987
  17. Amendment of Act 15 of 1992: Provides for the amendment to THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992
  18. Amendment of Act 51 of 1993: Provides for the amendment to THE RECOVERY OF DEBTS AND BANKRUPTCY ACT, 1993
  19. Amendment of Act 55 of 1994: Provides for the amendment to THE AIRPORTS AUTHORITY OF INDIA ACT, 1994
  20. Amendment of Act 24 of 1997: Provides for the amendment to THE TELECOM REGULATORY AUTHORITY OF INDIA ACT, 1997
  21. Amendment of Act 47 of 1999: Provides for the amendment to THE TRADE MARKS ACT, 1999
  22. Amendment of Act 48 of 1999: Provides for the amendment to THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION)  ACT, 1999
  23. Amendment of Act 53 of 2001: Provides for the amendment to THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS ACT, 2001
  24. Amendment of Act 13 of 2003: Provides for the amendment to THE CONTROL OF NATIONAL HIGHWAYS (LAND AND TRAFFIC) ACT, 2002
  25. Amendment of Act 36 of 2003: Provides for the amendment to THE ELECTRICITY ACT, 2003
  26. Amendment of Act 55 of 2007: Provides for the amendment to THE ARMED FORCE TRIBUNAL ACT, 2007
  27. Amendment of Act 55 of 2007: Provides for the amendment to THE NATIONAL GREEN TRIBUNAL ACT, 2010
  28. Amendment of Act 18 of 2013: Provides for the amendment to THE COMPANIES ACT, 2013
  29. Amendment of Act 7 of 2017: Provides for the amendment to THE FINANCE ACT, 2017
  30. Amendment of Act 35 of 2019: Provides for the amendment to THE CONSUMER PROTECTION ACT, 2019
  31. Power to amend the Schedule
  32. Rules to be laid before Parliament
  33. Transitional provisions
  34. Power to remove difficulties
  35. Repeal and saving


In total, the Act provides for 35 Sections.

References

  1. ^ "Tribunal reforms: what's abolished, what happens to pending cases". The Indian Express. 2021-08-16. Retrieved 2025-02-16.
  2. ^ a b Rajagopal, Krishnadas (2025-11-19). "Supreme Court strikes down provisions of Tribunal Reforms Act, directs Centre to establish National Tribunal Commission". The Hindu. ISSN 0971-751X. Retrieved 2025-11-28.
  3. ^ a b "The Tribunals Reforms Act, 2021". India Code.
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