Context
The Supreme Court struck down several provisions of the Tribunals Reforms Act, 2021, which had earlier been introduced through the Tribunals Reforms Ordinance, 2021.
Why the Supreme Court Struck Down These Provisions?
Violation of Judicial Independence: The Act gave the executive a dominant role in the appointment and service conditions of tribunal members.
Since the government regularly appears as a litigant before tribunals, excessive control undermines the independence and impartiality of adjudication.
Violation of Separation of Powers: Tribunals perform judicial functions. Allowing the executive to control appointments and tenure intrudes into the judicial domain, violating the basic structure of the Constitution.
Arbitrary and Discriminatory Provisions: Some provisions unfairly restricted the pool of qualified candidates, violating Article 14 (Right to Equality).
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