Tag: Supreme Court Calls for Uniform National Policy on Organ Transplants

INDIAN POLITY

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…