The Tribunals Reforms Bill, 2026, which was introduced in Lok Sabha on August 10, 2026, has been passed by Parliament. The legislation repeals the Tribunals Reforms Act, 2021, and seeks to align the framework for tribunal appointments and service conditions with the directions of the Supreme Court. Certain provisions of the 2021 Act were previously struck down by the apex court for contradicting the principles of separation of powers and the independence of the judiciary.
Establishment of the National Tribunals Commission
The newly enacted law establishes the National Tribunals Commission. Its statutory functions include: (i) conducting the selection process for filling vacancies in Tribunals; (ii) reviewing the performance of Tribunals; (iii) overseeing inquiries into complaints against the conduct of chairpersons or members of the Tribunals; and (iv) developing and maintaining the National Tribunals Data Grid.
Composition of the Commission
The Commission comprises: (i) a chairperson, who has been a Judge of the Supreme Court or a Chief Justice of a High Court; (ii) two judicial members, who have been a Chief Justice or Judge of a High Court; and (iii) two technical members. Technical members must have at least 25 years of experience in public administration, finance, law, accountancy, banking, management, or technology.
The chairperson and members of the Commission hold office for a term of five years, or until reaching the age of 70 years, whichever is earlier. Appointments to the Commission are made by the central government. Appointments of the chairperson and judicial members are made after consultation with the Chief Justice of India. The Commission operates with a secretariat headed by a secretary to the central government.
Selection Process for Tribunals
The Commission is mandated to constitute a search-cum-selection committee to recommend appointments to a Tribunal. The Committee is headed by: (i) the chairperson of the Commission for appointments of a Tribunal chairperson; or (ii) a judicial member of the Commission for appointments of a member. The chairperson of the Commission nominates a retired Chief Justice of a High Court (for chairperson posts) or a retired Judge of a High Court (for member posts) to the Committee.
Other Committee members include: (i) a technical member of the Commission; (ii) a secretary to the government nominated by the central government; (iii) two expert members; and (iv) the Commission Secretary. Expert members and the Commission Secretary do not have voting rights, while the chairperson of the Committee holds a casting vote. The Secretariat will empanel experts from relevant fields as per Commission Regulations.
For each vacancy, the Committee recommends one name for appointment and one additional name for a waiting list. The central government must make the appointment within three months of the recommendation.
Term, Re-appointment, and Removal
Chairpersons and members of Tribunals hold office for five years or until a specified age limit, whichever is earlier. The age limit is 70 years for chairpersons and 67 years for members. Re-appointments are permissible subject to: (i) consideration of previous work performance; and (ii) for members, consultation with the chairperson of the concerned Tribunal.
The central government may remove a chairperson or member of the Commission or a Tribunal on grounds including: (i) being adjudged insolvent; (ii) conviction for an offence involving moral turpitude; (iii) physical or mental incapacity; (iv) abuse of position; or (v) acquiring a financial or other interest prejudicial to their functions. For Tribunal chairpersons and members, additional grounds for removal include being found incompetent or inefficient, or engaging in paid assignments.
Delegated Legislation
The central government will prescribe through Rules the qualifications, manner of selection, salaries and allowances, resignation, removal, and other conditions of service for tribunal members.
