Constitutional validity of Tribunal Reforms Act, 2021
Can Parliament override binding judicial directions through legislation?
Act declared unconstitutional
Reinforces constitutional supremacy over parliamentary sovereignty
The Supreme Court's decision reaffirms that our Constitution is the supreme law of the land. Parliament cannot simply pass laws to undo court judgments without addressing the constitutional defects identified by the judiciary. This protects the independence of our justice system and ensures that all government branches operate within constitutional boundaries.
The Court clarified that India follows constitutional supremacy, not parliamentary sovereignty. This means:
Parliament can only enact "curative legislation" that addresses the constitutional defects identified by courts. It cannot:
The Court identified several essential safeguards:
Parliament enacts provisions for tribunal appointments and service conditions through Finance Act
Supreme Court strikes down Tribunal Rules for violating judicial independence
Court issues detailed directions for tribunal reforms and independence safeguards
Government promulgates Tribunal Reforms Ordinance bypassing judicial directions
Court strikes down Ordinance provisions as unconstitutional legislative override
Supreme Court declares Tribunal Reforms Act, 2021 unconstitutional
The principle that the Constitution is the highest legal authority, and all government actions must conform to it.
The constitutional division of authority among legislative, executive, and judicial branches to prevent concentration of power.
The principle that judges must be free from external pressure and influence to decide cases impartially.
When Parliament attempts to nullify judicial decisions through new legislation without curing constitutional defects.
Valid legislation that addresses constitutional defects identified by courts while respecting judicial authority.