21.11.2025

Tribunal Reforms Act, 2021

Context

In a significant ruling, the Supreme Court of India invalidated several provisions of the Tribunal Reforms Act, 2021, holding them unconstitutional for infringing upon the principles of judicial independence and the separation of powers. The 2021 Act, notified on August 13, 2021, had sought to reorganise India's tribunal system, abolish certain appellate bodies, and vest extensive control over appointments and service conditions of tribunal members in the Central government.

About the Judgment

The Court noted that the Act revived several provisions, such as a short four-year tenure for members, a minimum entry age of 50 years, and excessive executive control over appointments, that had already been invalidated in earlier decisions, particularly the Madras Bar Association (MBA) IV and V cases.
 This replication of unconstitutional provisions was seen as an attempt to legislatively override binding Supreme Court directions without remedying their fundamental constitutional defects.

Constitutional Issues Identified

• Violation of the doctrine of separation of powers by allowing executive dominance over tribunals.
   
• Threats to judicial independence, a basic feature of the Constitution.
   
• Restrictions on eligibility and tenure that hinder entry of competent young lawyers and limit diversity.
   
• Weakening of access to justice through the abolition of specialised tribunals and transfer of their matters to already congested High Courts.
   

Key Findings of the Court

• Judicial Independence Undermined: Executive control over appointments, service conditions, and rule-making compromises the neutrality and functional autonomy of tribunals.
   
• Unconstitutional Tenure and Age Restrictions: The four-year tenure and minimum age requirement of 50 years exclude younger but qualified candidates and violate prior SC rulings requiring longer, stable tenures.
   
• Invalid Legislative Override: Re-enacting provisions previously struck down amounts to sidestepping judicial scrutiny, which the Court held impermissible.
   
• Impact on Specialised Justice: Abolishing several appellate tribunals deprives litigants of expert adjudication and shifts the burden to High Courts, contrary to the original rationale behind tribunalisation.
   

Directions Issued by the Supreme Court

• National Tribunal Commission (NTC):
   The Union government must establish a National Tribunal Commission within four months. The Commission should:
   
  • Provide structural and institutional safeguards for tribunal independence.
     
  • Ensure transparent, merit-based, and professional appointments.
     
  • Oversee administrative functioning, infrastructure, and service conditions.
     
• Interim Framework:
   Until Parliament enacts a constitutionally compliant law, tribunals will be governed by the norms laid down in the Madras Bar Association (MBA) judgments, including tenure, selection procedure, and independence safeguards.
   

Broader Implications

• Reinforces the constitutional supremacy of the judiciary over legislative attempts that dilute institutional independence.
   
• Protects the integrity of specialised tribunals, which play an essential role in delivering expert, speedy justice in fields such as taxation, environment, company law, and competition.
   
• Encourages creation of a robust oversight mechanism through the NTC, ensuring professionalism, accountability, and autonomy.
   
• Sets a precedent against future legislative re-enactments that attempt to bypass judicial rulings without curing constitutional defects.
   

Conclusion

The verdict reaffirms judicial independence as a cornerstone of India’s constitutional architecture. By striking down unconstitutional provisions of the Tribunal Reforms Act, 2021 and mandating the creation of a National Tribunal Commission, the Supreme Court has moved toward ensuring that tribunals function as impartial, specialised, and efficient adjudicatory bodies. The ruling strengthens the separation of powers and lays the foundation for long-term structural reform of India’s tribunal system.

Dugong Conservation in India

Context

The dugong (Dugong dugon), commonly called the sea cow, is a large, herbivorous marine mammal found in warm, shallow coastal waters of the Indian and Pacific Oceans. In India, dugongs are primarily distributed in the Gulf of Mannar–Palk Bay (Tamil Nadu), the Andaman & Nicobar Islands, and the Gulf of Kutch (Gujarat). Populations are in sharp decline, raising serious conservation concerns for this species.

Key Characteristics

• Size and Appearance: Dugongs are streamlined mammals, growing up to 3 meters in length and weighing between 300–420 kg, with whale-like tails and paddle-shaped flippers.
   
• Diet: Strictly herbivorous, feeding mainly on seagrass. They consume 30–40 kg daily, playing a key role in maintaining seagrass meadows.
   
• Ecological Role: Dugong feeding supports the health of seagrass meadows, which act as blue carbon sinks and sustain coastal biodiversity.
   
• Legal Status: Listed as Vulnerable on the IUCN Red List and under Schedule I of the Wild Life (Protection) Act, 1972, offering the highest protection in India.
   

Conservation Status and Numbers

• Dugong populations in India are estimated at only 200–450 individuals.
   
• Population distribution:
   
  • Palk Bay–Gulf of Mannar: 150–200 individuals
     
  • Andaman & Nicobar Islands: fewer than 50
     
  • Gulf of Kutch: fewer than 20
     
• Reproductive Rate: Very low; females give birth only once every 3–7 years, making recovery slow and populations highly vulnerable.
   

Threats

• Habitat Loss: Degradation of seagrass beds due to coastal development, dredging, and sedimentation.
   
• Bycatch: Accidental entanglement in fishing nets.
   
• Pollution: Marine contamination including heavy metals (arsenic, cadmium, chromium, mercury, lead), agricultural runoff, and untreated wastewater.
   
• Human Disturbance: Overfishing, port expansion, and tourism-related activities.
   

These factors collectively increase the risk of local extinctions.

Conservation Efforts

• Dugong Conservation Reserve (2022): Established in Palk Bay, covering 448 sq km to protect critical seagrass habitats and dugong populations.
   
• National Programmes and Task Forces: Aim to monitor populations, prevent bycatch, and strengthen habitat protection.
   
• Community Engagement: Initiatives to incentivise local communities and reduce fishing pressures.
   
• Research and Monitoring: Efforts are ongoing to improve data collection and track population trends.
   

Ecological Importance

• Dugongs are ecosystem engineers, maintaining the health and productivity of seagrass meadows.
   
• Healthy seagrass meadows support diverse marine species and enhance coastal fisheries.
   
• Presence of dugongs is linked to increased fish production and resilient coastal ecosystems.
   

Recent Concerns

• The 2025 IUCN report warns that dugong survival in the Gulf of Kutch and Andaman & Nicobar Islands is highly uncertain.
   
• Populations in Palk Bay–Gulf of Mannar have declined further due to intensifying threats.
   
• Effective recovery will require stronger regulations, enhanced community involvement, and reduced fishing pressures.
   

Conclusion

Dugongs symbolize the fragility of India’s coastal biodiversity. Protecting them requires urgent conservation interventions, including habitat protection, stricter pollution control, sustainable fishing practices, and community-led stewardship. Safeguarding dugongs is not only crucial for the species itself but also for maintaining healthy, productive coastal ecosystems in India.