SC stays new Tribunal Rules


  • 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.


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