The Tribunal Reforms (Rationalisation and Conditions of Services) Ordinance of 2021, introduced by the Union Ministry of Law and Justice, came into effect on April 4, 2021. This legislative change has brought about significant alterations in the functioning and structure of various appellate tribunals in India. The ordinance is noteworthy for its provision to abolish certain tribunals, such as the Film Certification Appellate Tribunal (FCAT), and for the amendments it makes to several acts including the Cinematograph Act, Copyright Act, Customs Act, Patents Act, and the Airports Authority of India Act. The Supreme Court of India has reviewed the ordinance and upheld it while declaring some of its provisions unconstitutional.
Objective of the Tribunal Reforms Ordinance
The primary aim of the Tribunal Reforms Ordinance is to streamline the functioning of tribunals, which are quasi-judicial bodies established to resolve disputes in specific areas of law. By dissolving certain tribunals, the government intends to simplify the dispute resolution process and reduce the burden on the judiciary. The ordinance seeks to bring uniformity in the service conditions and terms of the tribunal members and chairpersons.
Dissolution of Specific Tribunals
One of the most significant actions under the ordinance was the dissolution of the Film Certification Appellate Tribunal (FCAT). The FCAT was a statutory body constituted to hear appeals of filmmakers dissatisfied with the Central Board of Film Certification’s (CBFC) decisions. With the abolition of FCAT, filmmakers now have to approach the High Court directly for any grievances against CBFC’s rulings.
Amendments to Various Acts
The ordinance made consequential amendments to several acts to accommodate the dissolution of tribunals. For instance, changes were made to the Cinematograph Act in response to the removal of FCAT. Similar amendments were implemented in the Copyright Act, Customs Act, Patents Act, and the Airports Authority of India Act to ensure that the judicial work previously handled by the now-defunct tribunals is redirected to the existing judicial system.
Supreme Court’s Ruling on the Ordinance
The Supreme Court scrutinized the Tribunal Reforms Ordinance and delivered a judgment that upheld the ordinance but struck down certain provisions. The apex court found the requirement of a minimum age of 50 years for the appointment of Chairperson or members to tribunals as unconstitutional. The court also invalidated the prescribed tenure of four years for these positions. The Supreme Court’s intervention aimed to ensure that the ordinance aligns with the principles of separation of powers and independence of the judiciary.
Impact on the Judicial System
The Tribunal Reforms Ordinance has had a considerable impact on India’s judicial system. By abolishing certain tribunals, the ordinance has potentially increased the workload of the High Courts and the Supreme Court, as litigants now have to approach these courts directly. However, the government contends that this move will lead to a more efficient and streamlined dispute resolution process.
Reactions to the Ordinance
The ordinance has elicited mixed reactions from various stakeholders. While some commend the government’s efforts to rationalize the tribunal system, others express concern over the increased burden on higher courts and the possible delay in adjudication of cases. Legal experts have also debated the implications of the Supreme Court’s ruling on the independence of tribunals and the appointment process of their members.
In conclusion, the Tribunal Reforms (Rationalisation and Conditions of Services) Ordinance of 2021 represents a significant shift in the landscape of India’s legal system. While the Supreme Court’s ruling has addressed some constitutional concerns, the long-term effects of the ordinance on the efficiency and effectiveness of dispute resolution in India remain to be seen.