Lok Sabha passes Tribunals Reforms Bill amid din
The Lok Sabha passed the Tribunals Reforms Bill, 2026, which sets up a National Tribunals Commission to oversee appointments to various national tribunals
The Bill was cleared without discussion amid continued disruption in the House
The stated objective communicated to the House was to bring uniformity to the tribunal member selection process and improve transparency in appointments
The Bill now requires passage in the Rajya Sabha before it can be enacted
National Tribunals Commission — Rationale and Design
The Bill creates a National Tribunals Commission (NTC) as a single, independent umbrella body to standardise how chairpersons and members are selected, evaluated, and disciplined across India's various national tribunals. Tribunals have historically been staffed through separate rules for each tribunal, leading to inconsistent qualifications, delayed appointments, and executive-heavy selection committees — concerns repeatedly flagged by the Supreme Court.
Key Details
- The NTC oversees selection, performance review, and complaints for members and chairpersons across roughly 16 national tribunals
- It is to be headed by a former Supreme Court judge or a former High Court Chief Justice, assisted by judicial and technical members
- It also maintains a National Tribunals Data Grid — a centralised repository of case-level data across tribunals to track pendency and performance
- The Bill replaces the Tribunals Reforms Act, 2021
The "uniformity" and "transparency" objectives cited for the Bill map directly onto the NTC's core function — replacing tribunal-specific, executive-controlled selection committees with one standard, judiciary-led process.
Constitutional Basis of Tribunals — Articles 323A and 323B
Tribunals in India derive their constitutional basis from Part XIV-A, comprising Articles 323A and 323B, inserted by the 42nd Constitutional Amendment Act, 1976. Article 323A allows only Parliament to set up administrative tribunals for service matters of government employees (e.g., the Central Administrative Tribunal); Article 323B allows both Parliament and state legislatures to create tribunals for specified subjects such as taxation, land reforms, and industrial disputes.
Key Details
- Inserted by the 42nd Amendment Act, 1976, the same amendment that added Fundamental Duties to the Constitution
- In L. Chandra Kumar v. Union of India (1997), a seven-judge Bench held that judicial review under Articles 32, 226, and 227 is part of the basic structure, and struck down clauses in Articles 323A(2)(d) and 323B(3)(d) that had tried to bar High Court/Supreme Court jurisdiction over tribunal orders
- The Supreme Court struck down key provisions of the predecessor Tribunals Reforms Act, 2021, on 19 November 2025, in the Madras Bar Association line of litigation, for excessive executive control over appointments, tenure, and service conditions, and directed the Union government to set up a National Tribunals Commission
- The 2026 Bill is Parliament's legislative response to that direction
Because the Bill operationalises a specific Supreme Court direction, its passage — even without floor debate — completes a legislative obligation flowing from a binding judgment, distinct from an ordinary policy bill.
Passing Bills Without Debate — Parliamentary Procedure and Scrutiny Decline
Under the Rules of Procedure of the Lok Sabha, a bill can be put to vote and passed by voice vote even amid protests or interruptions, provided the Speaker deems the House to be in order enough to conduct business; this does not require members to have spoken on the motion. This practice has drawn sustained scrutiny because it increasingly substitutes for the older norm of referring bills to a Departmentally Related Standing Committee for detailed, cross-party examination before passage.
Key Details
- According to PRS Legislative Research data, the share of bills referred to standing committees fell from about 71% in the 15th Lok Sabha (2009-14) to about 25% in the 16th Lok Sabha (2014-19) and roughly 16-17.6% in the 17th Lok Sabha (2019-24)
- Standing committees allow clause-by-clause scrutiny and stakeholder consultation outside the adversarial floor of the House; bypassing them shifts scrutiny entirely to floor proceedings, which can then be curtailed by disruption
- A bill passed by the Lok Sabha still requires passage by the Rajya Sabha (or reconciliation under Article 108 in case of disagreement, applicable to non-Money Bills) before assent
The Tribunals Reforms Bill, 2026 was cleared by voice vote without members debating its provisions on the floor, illustrating this broader pattern of reduced legislative scrutiny even for bills that reform judicial-adjacent institutions.
- Tribunals Reforms Bill, 2026 passed in the Lok Sabha without debate amid disruption
- Creates a National Tribunals Commission overseeing appointments/performance/complaints across about 16 national tribunals
- Replaces the Tribunals Reforms Act, 2021, whose key provisions were struck down by the Supreme Court on 19 November 2025
- Constitutional basis of tribunals: Articles 323A and 323B (Part XIV-A), inserted by the 42nd Amendment Act, 1976
- L. Chandra Kumar v. Union of India (1997): seven-judge Bench, AIR 1997 SC 1125, held judicial review to be part of the basic structure
- Share of bills referred to Lok Sabha standing committees: ~71% (15th LS) to ~25% (16th LS) to ~16-17.6% (17th LS), per PRS Legislative Research