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Tribunal Reforms Bill 2021

  • Integrity Education, Delhi
  • 17, Aug 2021
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Why in news: SC raises query on Tribunal Reforms Bill

The Bill seeks to dissolve certain existing appellate bodies and transfer their functions (such as adjudication of appeals) to other existing judicial bodies

Transfer of functions of key appellate bodies as proposed under the Bill

Acts

Appellate Body

Proposed Entity

The Cinematograph Act, 1952

Appellate Tribunal

High Court

The Trade Marks Act, 1999

Appellate Board

High Court

The Copyright Act, 1957

Appellate Board

High Court

The Customs Act, 1962

Authority for Advance Rulings

High Court

The Patents Act, 1970

Appellate Board

High Court

The Airports Authority of India Act, 1994

Airport Appellate Tribunal

  • Central government, for disputes arising from the disposal of properties left on airport premises by unauthorised occupants.

  • High Court, for appeals against orders of an eviction officer.

The Control of National Highways (Land and Traffic) Act, 2002

Airport Appellate Tribunal

Civil Court

The Geographical Indications of Goods (Registration and Protection) Act, 1999

Appellate Board

High Court


 

 

 

Changes in the process of appointment of certain other tribunal

Bill provides for uniform pay and rules for the search and selection committees across tribunals

Central government shall, on the recommendation of the Search-cum-Selection Committee, remove from office any Chairperson or a Member, who—

(a) has been adjudged as an insolvent; or

(b) has been convicted of an offence which involves moral turpitude; or

(c) has become physically or mentally incapable of acting as such Chairperson or Member; or

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as such Chairperson or Member; or

(e) has so abused his position as to render his continuance in office prejudicial to the public interest.

  • Chairpersons and judicial members of tribunals are former judges of High Courts and the Supreme Court

  • In the Search-cum-Selection Committee for state tribunals, the Bill brings in the Chief Secretary of the state and the Chairman of the Public Service Commission of the concerned state who will have a vote and Secretary or Principal Secretary of the state’s General Administrative Department with no voting right.

  • The Chief Justice of the High Court, who would head the committee, will not have a casting vote.