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UPSC Dictionary

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The Border Security Force (BSF) is the world's largest border guarding force, protecting India's borders with Pakistan and Bangladesh.

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UPSC Dictionary

Tribunals Reforms Act, 2021

The Tribunals Reforms Act, 2021 is an Act of Parliament of India, passed in August 2021, which aimed to restructure the country's tribunal system. It was enacted to replace the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, which had been promulgated in April 2021. The Act's primary purpose was to rationalize the adjudication process by dissolving certain appellate tribunals and standardizing the appointment and service conditions of tribunal members.

The Act abolished nine appellate tribunals and authorities, transferring their functions to existing judicial bodies, primarily the High Courts or Commercial Courts. For example, the functions of the Film Certification Appellate Tribunal (FCAT) and the Intellectual Property Appellate Board were transferred to the High Courts. This rationalization was driven by the government's assessment that several tribunals had not led to faster justice delivery and constituted a considerable expense to the exchequer.

Key provisions of the Act included setting a uniform four-year tenure for the Chairperson and members, with an upper age limit of 70 years for the Chairperson and 67 years for members. It also mandated a minimum age of 50 years for appointment. The Act established a Search-cum-Selection Committee for appointments, which included the Chief Justice of India (CJI) or a Supreme Court judge nominated by the CJI as the Chairperson.

The Act connects to the constitutional framework of tribunals, which were formalized by the 42nd Constitutional Amendment, 1976, through Articles 323A and 323B. However, the Act's provisions on tenure and appointments were a re-enactment of clauses previously struck down by the Supreme Court in the Madras Bar Association cases, which raised concerns about executive dominance and judicial independence. The Supreme Court ultimately struck down key provisions of the Tribunals Reforms Act, 2021, on November 19, 2025, ruling that Parliament cannot re-enact provisions previously invalidated by the judiciary, as this violated the constitutional principles of judicial independence and separation of powers.

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