Question

Q. With reference to Tribunal Reforms Act, 2021, consider the following statements:

Select the correct answer using the code given below.

• A. 1 only
• B. 2 only
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

The correct option is D Neither 1 nor 2

Explanation:

Statement 1 is incorrect: The act seeks to dissolve some of the existing tribunals and move their functions to judicial bodies like the high courts.

• Search-cum-Selection Committee
  • Search-cum-Selection Committees will be constituted and on the basis of the recommendations of these committees, the Central Government would appoint chairpersons and members of tribunals.
  • The government should act upon the recommendations preferably within three months.
  • The composition of the committees are as follows:
    • Chief Justice of India (CJI) OR a Supreme Court judge nominated by the CJI, as the Chairperson (with casting vote).
    • Two central government-nominated secretaries.
    • Sitting or outgoing Chairperson, or a retired Supreme Court judge, or a retired Chief Justice of a High Court.
    • Sitting chairperson – in case of appointment of a member of a tribunal (the sitting chairperson of that tribunal).
    • Outgoing chairperson – in case of appointment of a chairperson of a tribunal (the outgoing chairperson of that tribunal).
    • Retired SC judge/retired HC Chief Justice – in case of a tribunal’s Chairperson seeking reappointment.
    • Secretary of the Union Ministry under which the tribunal is to be constituted (with no voting rights).

Statement 2 is incorrect: There shall be separate Search-cum-Selection Committees for State administrative tribunals. Their membership is as follows:

• Chief Justice of that state’s High Court as the Chairperson (with casting vote)
• Chief Secretary of the State Government concerned
• Chairman of the State Public Service Commission
• One member, who:
  • Outgoing Chairperson of the Tribunal whose Chairperson is to be appointed
  • Sitting Chairperson of the Tribunal whose Member is to be appointed
  • Retired Judge of a High Court nominated by the Chief Justice of the High Court of the State concerned in case of the Chairman of the Tribunal seeking re-appointment