A bench of Chief Justice of India B R Gavai and K Vinod Chandran said that provisions already struck down by it in an earlier Ordinance had been reenacted in the 2021 law with minor tweaks.

“Thus, we have held that the provisions of the 2021 act cannot be sustained as they violate the separation of powers and judicial independence principles. It amounts to legislative overwriting without curing any defects, and the binding judgment. It falls foul. Thus, it is struck down as unconstitutional,” the bench said.

On July 14, 2021, the Supreme Court, in a 2:1 verdict, struck down certain provisions of the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, relating to the minimum age requirement of 50 for appointment as chairperson or members and fixing their tenure

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