Tribunals Reforms Ordinance, 2021

The Tribunals Reform (Rationalisation & Conditions of Service) Ordinance, 2021, promulgated on 4th April 2021 to replace existing appellate tribunals under nine laws to existing judicial bodies, including High Court. A bill to the above effect was introduced in the Lok Sabha during the budget session, 2021. However, it could not be taken up for consideration and passing; hence, in the exercise of its power under Article 123 of the Indian Constitution, the President has promulgated the ordinance with effect at once. These changes are based on the directions passed by the Supreme Court in the Madras Bar Association Case, 2020.

Following amendments have been introduced to various statutes by the virtue of the ordinance:

1. The ordinance replaces existing Appellate Authorities and transfers their functions to existing judicial bodies under these nine laws:

(a) Cinematograph Act, 1952

(b) Copyright Act, 1957

(c) Customs Act, 1962

(d) Patents Act, 1970

(e) Airports Authority of India Act, 1994

(f) Trade Marks Act, 1999

(g) Geographical Indications of Goods (Registration and Protection) Act, 1999

(h) Protection of Plant Varieties and Farmer's Rights Act, 2001

(i) Control of National Highways (Land and Traffic) Act, 2002

2. The Ordinance amends Section 184 of the Finance Act, 2017 and empowers the Central Government to make rules for qualifications, appointment, term of office, salaries and allowances, resignation, removal, and other terms and conditions of service of the Chairperson and Members of Tribunals.

3. Amendment has also been made to restrict the tenure of Chairperson of a Tribunal to a term of four years or till the age of 70, whichever is earlier. For members of a Tribunal, the term of office will be four years or till they attain the age of 67, whichever is earlier.