Tribunals Reforms Ordinance, 2021 Flashcards

1
Q

key changes

A
  • dissolve certain existing appellate bodies and transfer their functions to other existing judicial bodies.
  • empower the Central Government to make rules for qualifications, appointment, term of office, salaries and allowances etc. of Members of Tribunals.
  • Chairperson & Members will be appointed by the Centre on the recommendation of a Search-cum-Selection Committee.(headed by CJI or SC Judge nominated by him.)
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2
Q

Tenure related rforms

A

Chairperson -> 4 yrs/70 yrs whichever earlier

Members -> 4 yrs/67 yrs whichever earlier

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3
Q

Tribunals omitted from these changes

A
  • Airport Appellate Tribunal estd under airport act,1994
  • Appellate Board under the Trade Marks Act, 1999.
  • Authority for Advance Ruling under the Income Tax Act, 1961.
  • Film Certification Appellate Tribunal under the Cinematograph Act, 1952.
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4
Q

What are tribunals?

A

quasi-judicial institution that is set up to deal with problems such as resolving administrative or tax-related disputes

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5
Q

Functions of tribnasl

A
  • adjudicating disputes,

- making an administrative decision, reviewing an existing administrative decision

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6
Q

Constitutional provisions in regards with tribunals

A
  • not originally a part of the Constitution.
  • Amendment introduced Part XIV-A to the Constitution, which deals with ‘Tribunals’ -> this was in accordance with swaran singh committee
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7
Q

artciles in XIV-A Part?

A

Article 323A deals with Administrative Tribunals. -> recruitment and service conditions of persons engaged in public service.

Article 323B :Deals with Taxation, Industrial and labour, Foreign exchange, import and export, Land reforms, Food, Ceiling on urban property, Elections to Parliament and state legislatures, Rent and tenancy rights.

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