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Informist, Monday, Aug. 10, 2026

 

NEW DELHI – After the Supreme Court last year struck down key provisions of the Tribunals Reforms Act, 2021, relating to the appointment, service conditions and tenure of tribunal members, the Lok Sabha on Monday passed the Tribunals Reforms Bill, 2026, which will replace the 2021 Act. Minister of State for Law and Justice Arjun Ram Meghwal introduced the bill in the Lok Sabha and said its objective was to improve efficiency and strengthen transparency, independence, and accountability of various tribunals.

 

The bill proposes to establish a National Tribunals Commission, headed by a chairperson who is a retired Supreme Court judge or a former chief justice of a high court. The commission will have two judicial members from among retired high court judges, and two technical members with relevant experience. The commission will supervise appointments, functioning, discipline, and administrative needs of the 16 tribunals, including the National Green Tribunal, Central Administrative Tribunal, Armed Forces Tribunal, Debt Recovery Tribunals, National Company Law Tribunal, and Income Tax Appellate Tribunal. The chairperson and the judicial members of the commission will be appointed by the central government in consultation with the Chief Justice of India. The 2021 Act did not provide for such a body.

 

The proposed commission is in line with the Supreme Court's earlier rulings that the executive has a constitutional obligation to establish a National Tribunals Commission in accordance with principles and a framework laid down by the court. The creation of such a commission is a structural safeguard intended to ensure independence, transparency, and uniformity in the appointment, administration, and functioning of tribunals, the apex court had said last year. The court had given the Union government four months from the date of its Nov. 19 judgment to establish the commission. 

 

Tribunal members will be selected through search-cum-selection committees. These committees will be chaired by the chairperson of the National Tribunals Commission or one of its judicial members, who will have the casting vote. Under the 2021 Act, the Chief Justice of India or a Supreme Court judge headed these selection committees, with two government secretaries also serving as members of the panel. Under the bill, the selection committees will have a stronger judicial component, with a retired chief justice or judge of a high court serving on the panel depending on whether the post to be filled is that of a chairperson or a member, along with a government secretary representing the administrative side.

 

The changes address concerns over the delegation of powers to the executive to frame rules governing the appointment, allowances and conditions of service of tribunal members, which the Supreme Court had held encroached upon core judicial functions.

 

A tribunal chairperson will hold office for five years or until the age of 70, whichever is earlier, while a member will hold office for five years or until reaching the age of 67, whichever is earlier. The five-year term meets the minimum tenure prescribed by the Supreme Court. The bill does not reintroduce the minimum age of 50 years that the court had struck down. Reappointment is permitted subject to conditions. 

 

In 2020, the Supreme Court struck down the Tribunals Rules 2020. In 2021, the court also struck down provisions of the Tribunals Reforms Ordinance 2021. In those judgements, the court mandated a minimum five-year tenure for the tribunal members and said advocates with at least 10 years of experience should be considered for appointment. However, the 2021 Act reduced the tenure of members to four years and introduced a minimum age of 50 years for appointment. 

 

The 2026 bill vests disciplinary powers in the commission rather than the executive. As under the 2021 Act, tribunal members can be removed on grounds such as insolvency, conviction involving moral turpitude and abuse of position. The bill also adds incompetence or inefficiency and undertaking a paid assignment during the term as grounds for removal.  End 

 

Reported by Surya Tripathi

Edited by Saji George Titus

 

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