By Himanshu Shukla, Student (IP University, Delhi)
The Tribunals Reforms Bill, 2021, which seeks to re-establish the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance and thus abolish tribunals or authorities under various laws by amending various statutes to streamline the justice delivery system, had been introduced by the minister of finance Nirmala Sitharaman.
The Bill was introduced in the Lok Sabha on 13th February 2021; proposing to abolish few more tribunals and authorities and also to provide a method to directly file an appeal to the High Courts or the Commercial Court.
- The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance seeks to re-establish and abolish authorities under various laws by amending various statutes to the justice delivery system
- The appellate tribunals under, the Copyright Act, the Customs Act, the Patents Act, the Cinematograph Act, the Trade Marks Act, and also the Airport Authority of India Act are withdrawn and replaced.
- The tribunals under the Geographical Indications of goods (Registration and Protection) Act, 1999, the Protection of Plant Varieties and Farmers, Rights Act, 2001, along with the Control of National Highways (Land and Traffic) Act, 2002.
- The bill also provides for uniform terms and conditions of service for chairpersons and members of various tribunals.
- All cases pending before such tribunals or authorities are going to be transferred to the Commercial Court or high court said the statement of objects and reasons of the bill.
The Bill and its functions are to be transferred to the prevailing judicial bodies.
As per Section 3 (7) of the Bill, the Chairperson and also the Members of the varied tribunals are to be appointed on the recommendations
The members of the selection Committee:
- the chief justice of India, or a Judge of Supreme Court; with voting as the Chairperson of the committee,
- Secretaries (2) nominated by the Union government,
- the present or outgoing Chairperson, or a retired Judge of Supreme Court, or a retired CJ of a high court, and
- the Secretary of the Ministry has no voting right.
The members of Selection Committee [For state]
- the CJ of a high court (concerned state), with a vote as the Chairman,
- the Chief Secretary of the state authorities and also the Chairman of the general public Service Commission of the concerned state,
- the sitting or outgoing Chairperson, or a retired high court judge; and
- the Secretary or Principal Secretary of the state’s general administrative department (with no voting right)