SC strikes down provisions of Tribunal Reforms Act
- The Supreme Court (SC) struck down provisions of the Tribunal Reforms Act of 2021.
- The Act was designed to alter the tribunal system and give the Union government a dominant role in the appointments, functioning, and fixing of salaries of chairpersons and members.
- Reason for Striking Down: The SC ruled that the law undermined constitutional requirements such as independence, impartiality, and effective adjudication by enabling executive control over appointments, curtailing tenure arbitrarily, and weakening institutional autonomy.
- Chief Justice of India B.R. Gavai stated that a law that undermines these foundational values “strikes at the core of the constitutional arrangement.”
- The SC directed the Centre to establish the National Tribunal Commission within four months.
- The National Tribunal Commission is considered an “essential structural safeguard” to ensure independence, transparency, and uniformity in the functioning, appointment procedure, and administration of tribunals.
- The Court held that the 2021 Act was essentially a “legislative override” of its earlier 2021 judgment, with the Chief Justice describing it as merely a repackaged version of the previously struck-down Tribunal Reforms Ordinance.
- Chief Justice Gavai reaffirmed that judicial review is a basic feature of the Constitution.
- The Bench cited B.R. Ambedkar: “If the executive is honest in working the Constitution, it must act in accordance with the judicial decisions.”
Supreme Court Calls for Uniform National Policy on Organ Transplants
- The Supreme Court stressed the need for a uniform national policy to ensure transparency and fairness in organ transplantation across India.
- The Court asked the Centre to persuade Andhra Pradesh to adopt the 2011 amendments to the Transplantation of Human Organs Act, 1994.
- It also directed Karnataka, Tamil Nadu, and Manipur to adopt the Transplantation of Human Organs and Tissues Rules, 2014.
About Transplantation of Human Organs and Tissues Act, 1994
- Before 1994, India lacked a unified law on organ transplantation, relying on scattered state acts like the Bombay Corneal Grafting Act (1957) and Maharashtra Kidney Transplantation Act (1982).
- The 1994 Act was framed on the recommendations of a committee led by Dr. L. M. Singhvi (1991) to ensure ethical and transparent transplantation.
- THOTA, 1994 was enacted to regulate the removal, storage, and transplantation of human organs and tissues for therapeutic purposes, and to prevent commercial dealings in human organs.
- The act defines the terms donor, recipient, and near relative to prevent misuse.
About Transplantation of Human Organs and Tissues Rules, 2014.
- Expands access to organ, tissue, and eye donation services across regions, aligning with the goals of the National Organ Transplant Programme (NOTP).
- Encourages more institutions to participate in eye donation and corneal transplantation, increasing the availability of donor tissue.
India and Tamil Nadu’s Position
- India ranks 3rd globally in total organ transplants, behind the US and China, and 1st in living donor transplants.
- Tamil Nadu has been recognised as the best-performing State in organ donation for the eighth consecutive time.
- Tamil Nadu accounted for one-fourth (24%) of all organ transplants performed across 36 states/UTs in the country last year.
- Dr. N. Gopalakrishnan, Member Secretary of the State Organ Transplant Commission, oversees the program.
- Tamil Nadu Chief Minister had announced State honours for the mortal remains of deceased donors on September 23, 2023.
