VidhiSangh

Supreme Court of India · 14/07/2021

MADRAS BAR ASSOCIATION versus UNION OF INDIA AND ANR.

[2021] 5 S.C.R. 791 · 2021 INSC 332

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Summary

The Court invalidated specified provisions of the 2021 tribunal-reforms Ordinance affecting minimum appointment age, allowances, selection panels, appointment timing and four-year tenure. The majority held that the provisions impermissibly undermined judicial independence and prior binding rulings. The retrospective transitional proviso was upheld subject to protecting court-ordered appointments. Gupta J agreed on the invalidity of two-name panels and four-year terms but dissented on the other challenged features.

Issues

  1. Whether the challenged tribunal-service provisions infringed judicial independence, separation of powers and Article 14.
  2. Whether the Ordinance validly cured defects or merely reintroduced measures rejected in earlier rulings.
  3. How the retrospective transitional provision affected appointments made under interim court orders.

Provisions considered

Held

Result

Writ petition disposed of; specified provisions struck down to the stated extent, with the majority’s transitional protection for court-ordered appointments. Gupta J partly dissented.

Judgment PDF: Supreme Court of India, [2021] 5 S.C.R. 791.