PolityGS2

Rules framed to standardise appointment of heads, members of various tribunals

The Hindu·2026-10-03· Read original

"Rules framed to standardise appointment of heads, members of various tribunals"

Prelims Facts

  • •Article 323A and Article 323B of the Constitution form the basis for Parliament to create administrative tribunals
  • •The National Tribunals Commission has a chairperson and four members (two judicial, two technical), headquartered in Delhi
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Key Terms

National Tribunals Commission (NTC)

unified body appointing and overseeing chairpersons/members of 16 central tribunals

Article 323A

constitutional provision enabling tribunals for public service recruitment/conditions disputes

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Study Note

BackgroundCore Concept

Background

The constitutional basis for administrative tribunals lies in Article 323A and Article 323B. Article 323A allows Parliament to set up tribunals for disputes relating to recruitment and service conditions of public servants, while Article 323B permits Parliament and state legislatures to create tribunals for specified subjects such as taxation, land reforms, industrial disputes and elections. These provisions were meant to relieve constitutional courts of technical, high-volume adjudication while retaining a judicial character in the tribunals themselves.

Over time tribunals multiplied across ministries, each with its own statute, appointment rules and pay structure. This fragmentation left appointments vulnerable to executive discretion. The Finance Act, 2017 first attempted consolidation, cutting the number of tribunals from 26 to 19, and the Tribunals Reforms Act, 2021 reduced this further to 16. However, the Supreme Court struck down several provisions of the 2021 Act, holding them inconsistent with separation of powers and with earlier rulings such as Rojer Mathew v. Union of India and the Madras Bar Association cases, which require that tribunal appointments, tenure and service conditions stay insulated from executive control.

This reasoning parallels the logic the Supreme Court used to strike down the National Judicial Appointments Commission Act, 2014, where a commission with substantial executive presence in judicial appointments was held to violate judicial independence as part of the basic structure. In both instances, the Court's concern was the same: a body deciding who sits in judicial or quasi-judicial office cannot itself be dominated by the executive whose actions that office may have to review. The National Tribunals Commission (NTC) has been conceived as the structural answer to this concern for tribunals specifically, following a direct Supreme Court mandate for an independent, professionally staffed appointments body.

The Topic Explained

The National Tribunals Commission and Qualification, Selection and Conditions of Service of Chairperson and Members of Tribunals Rules, 2026, issued by the Union Law Ministry, operationalise the NTC's functioning across 16 tribunals and appellate bodies. The NTC will have a chairperson and four members, split evenly between two judicial members and two technical members, and will be headquartered in Delhi. Its chairperson must be a retired Supreme Court judge or a retired Chief Justice of a High Court, reflecting the intent to keep the selecting body itself judicially anchored.

The rules fix pay at ₹2.5 lakh per month for the commission's chairperson and ₹2.25 lakh per month for its members, with similar scales extended to tribunal chairpersons and members, subject to specified exceptions. …

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Related PYQs

2025GS2 Mains

Comment on the need of administrative tribunals as compared to the court system. Assess the impact of the recent tribunal reforms through rationalization of tribunals made in 2021.

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2017GS2 Mains

Critically examine the Supreme Court's judgement on 'National Judicial Appointments Commission Act, 2014' with reference to appointment of judges of higher judiciary in India.

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Practice MCQs

Politymedium

Which of the following constitutional provisions empowers Parliament and state legislatures to establish tribunals for subjects such as taxation, land reforms and industrial disputes?

AArticle 323A
BArticle 323B
CArticle 262
DArticle 32
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Politymedium

Consider the following statements regarding the National Tribunals Commission (NTC):

1.It will consist of a chairperson and four members, with an equal split between judicial and technical members.

2.Its chairperson must be a retired Supreme Court judge or a retired Chief Justice of a High Court.

3.It will be headquartered in Mumbai.

Which of the statements given above is/are correct?

A1 and 2 only
B2 and 3 only
C1 only
D1, 2 and 3
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Politymedium

With reference to the rationalisation of central tribunals in India, consider the following statements:

1.The Finance Act, 2017 reduced the number of tribunals from 26 to 19.

2.The Tribunals Reforms Act, 2021 further reduced the number of tribunals to 16.

3.The Supreme Court upheld all provisions of the Tribunals Reforms Act, 2021 without any modification.

Which of the statements given above is/are correct?

A1 and 2 only
B2 and 3 only
C1 only
D1, 2 and 3
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Polityeasy

Under the National Tribunals Commission Rules, 2026, the process to fill a vacancy in a tribunal must be initiated at least how long before the vacancy actually arises?

AThree months
BSix months
COne year
DNine months
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Polityeasy

As per the National Tribunals Commission Rules, 2026, what is the monthly remuneration fixed for the chairperson of the Commission?

A₹2.25 lakh
B₹2.5 lakh
C₹3 lakh
D₹1.5 lakh
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