- The Supreme Court stayed the applicability of new provisions of the Central Tribunal, Appellate Tribunal and other Authorities.
- These provisions include (Qualification, experience and other conditions of service of members) Rules, 2017 which gave the government primacy in making key appointments to tribunals, including the National Green Tribunal.
- The Supreme Court in July 2017 issued notice to the Centre on a petition challenging the constitutional validity of Finance Act, 2017, as it “purports to” change the constitution of tribunal and adversely affect “functioning and independence” of the body.
- The plea was filed by an NGO, said the Act would destroy independent functioning of 19 tribunals, including the National Green Tribunal.
- The Finance Act, which came into effect from 1st April, led to the framing of the Tribunal, Appellate Tribunal and other Authorities Rules, 2017.
- And they allegedly gave unbridled powers to the Executive to decide Constitution, qualifications of members, their appointments and removal, among others.
About Tribunals in Indian Constitution:
- Article 323-A and Article 323-B of the constitution deals with the Tribunals.
- These articles were added through 42nd amendment Act, 1976 as Part XIV-A in the constitution.
- Article 323-A authorizes parliament to setup administrative tribunals for the purpose of setting disputes & complains involving civil services.
- Article 323-B deals with tribunals for other matters.