SC stays new Tribunal Rules

Context:

  • 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.

Background

  • 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.

Source:TH

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