Tribunals Reforms Ordinance, 2021 Flashcards
key changes
- 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.)
Tenure related rforms
Chairperson -> 4 yrs/70 yrs whichever earlier
Members -> 4 yrs/67 yrs whichever earlier
Tribunals omitted from these changes
- 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.
What are tribunals?
quasi-judicial institution that is set up to deal with problems such as resolving administrative or tax-related disputes
Functions of tribnasl
- adjudicating disputes,
- making an administrative decision, reviewing an existing administrative decision
Constitutional provisions in regards with tribunals
- 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
artciles in XIV-A Part?
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.