Qualifications, appointment, etc., of Chairperson and Members of Tribunal
Commencement. 4th April, 2021
Section 3 of the Tribunals Reforms Act, 2021 deals with qualifications, appointment, etc., of Chairperson and Members of Tribunal. Notwithstanding anything contained in any judgment, order or decree of any court, or in any law for the time being in force, the Central Government may, by notification in the Official Gazette, make rules to provide for the qualifications, appointment, salaries and allowances, resignation, removal a The Act was enacted on 13 Aug 2021.
(1) Notwithstanding anything contained in any judgment, order or decree of any court, or in any law for the time being in force, the Central Government may, by notification in the Official Gazette, make rules to provide for the qualifications, appointment, salaries and allowances, resignation, removal and other conditions of service of the Chairperson and Member of a Tribunal after taking into consideration the experience, specialisation in the relevant field and the provisions of this Act:
Provided that a person who has not completed the age of fifty years shall not be eligible for appointment as a Chairperson or Member.
(2) The Chairperson and the Member of a Tribunal shall be appointed by the Central Government on the recommendation of a Search-cum-Selection Committee constituted under sub-section (3), in such manner as the Central Government may, by rules, provide.
(3) The Search-cum-Selection Committee, except for the State Administrative Tribunal, shall consist of---
(a) a Chairperson, who shall be the Chief Justice of India or a Judge of Supreme Court nominated by him;
(b) two Members, who are Secretaries to the Government of India to be nominated by that Government;
(c) one Member, who ---
(i) in case of appointment of a Chairperson of a Tribunal, shall be the outgoing Chairperson of that Tribunal; or
(ii) in case of appointment of a Member of a Tribunal, shall be the sitting Chairperson of that Tribunal; or
(iii) in case of the Chairperson of the Tribunal seeking re-appointment, shall be a retired Judge of the Supreme Court or a retired Chief Justice of a High Court, to be nominated by the Chief Justice of India:
Provided that in the following cases, such Member shall always be a retired Judge of the Supreme Court or a retired Chief Justice of a High Court, to be nominated by the Chief Justice of India, namely:--
(i) Industrial Tribunal constituted by the Central Government under the Industrial Disputes Act, 1947 (14 of 1947);
(ii) Debt Recovery Tribunal and Debt Recovery Appellate Tribunal established under the Recovery of Debts and Bankruptcy Act, 1993 (51 of 1993);
(iii) where the Chairperson or the outgoing Chairperson, as the case may be, of a Tribunal is not a retired Judge of the Supreme Court or a retired Chief Justice or Judge of a High Court; and
(iv) such other Tribunals as may be notified by the Central Government, in consultation with the Chairperson of the Search-cum Selection Committee of that Tribunal; and
(d) the Secretary to the Government of India in the Ministry or Department under which the Tribunal is constituted or established--Member-Secretary:
Provided that the Search-cum-Selection Committee for a State Administrative Tribunal shall consist of---
(a) the Chief Justice of the High Court of the concerned State---Chairman;
(b) the Chief Secretary of the concerned State Government---Member;
(c) the Chairman of the Public Service Commission of the concerned State---Member;
(d) one Member, who---
(i) in case of appointment of a Chairman of the Tribunal, shall be the outgoing Chairman of the Tribunal; or
(ii) in case of appointment of a Member of the Tribunal, shall be the sitting Chairman of the Tribunal; or
(iii) in case of the Chairman of the Tribunal seeking re-appointment, shall be a retired Judge of a High Court nominated by the Chief Justice of the High Court of the concerned State:
Provided that such Member shall always be a retired Judge of a High Court nominated by the Chief Justice of the High Court of the concerned State, if the Chairperson or the outgoing Chairperson of the State Administrative Tribunal, as the case may be, is not a retired Chief Justice or Judge of a High Court;
(e) the Secretary or the Principal Secretary of the General Administrative Department of the concerned State---Member-Secretary.
(4) The Chairperson of the Search-cum-Selection Committee shall have the casting vote.
(5) The Member-Secretary of the Search-cum-Selection Committee shall not have any vote.
(6) The Search-cum-Selection Committee shall determine the procedure for making its recommendations.
(7) Notwithstanding anything contained in any judgment, order or decree of any court, or in any law for the time being in force, the Search-cum-Selection Committee shall recommend a panel of two names for appointment to the post of Chairperson or Member, as the case may be, and the Central Government shall take a decision on the recommendations made by that Committee, preferably within three months from the date of such recommendation.
(8) No appointment shall be invalid merely by reason of any vacancy or absence of a Member in the Search-cum-Selection Committee.
Section 3, The Tribunals Reforms Act, 2021 (Act 33 of 2021).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 2
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Madras Bar Association v. Union of India
Court's Decision & Legal Precedent
DATE-VERIFIED Judgement 2021-07-14 (order-1.pdf) — Reportable WP(C) 502/2021 (Nageswara Rao, Hemant Gupta & Ravindra Bhat JJ.). SC struck down the Ordinance/Finance Act regime’s 50-year minimum age bar for tribunal Chairperson/Member appointments as arbitrary and violative of Art.14 (no rational nexus to merit; excludes younger qualified advocates contrary to MBA-III; historical ITAT appointments often under 50). Also held the two-name Search-cum-Selection panel direction contrary to MBA-III’s one-name recommendation rule and an impermissible attempt to override Art.141. Separation of powers and judicial independence are basic-structure constraints on tribunal appointment conditions. Legislature may cure defects but cannot merely nullify prior mandamus/Art.141 holdings.
On this section: s.3 (qualifications/appointment) proviso barring persons below age 50, and s.3(7) two-name panel recommendation — the Act re-enacts the Ordinance defects the Court invalidated; teaching applies as successor statute text.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
3 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Questions about Section 3
What have the courts held on Section 3 of the Tribunals Reforms Act?
Madras Bar Association v. Union of India (14 Jul 2021) is the leading judgment on this section among those set out below: s.3 (qualifications/appointment) proviso barring persons below age 50, and s.3(7) two-name panel recommendation — the Act re-enacts the Ordinance defects the Court invalidated; teaching applies as successor statute text.
How do I find court cases under Section 3 of the Tribunals Reforms Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Tribunals Reforms Act 2021 3, section 3 Tribunals Reforms Act 2021, section 3 of the Tribunals Reforms Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Madras Bar Association v. Union of India (14 Jul 2021).
What should I read with Section 3 of the Tribunals Reforms Act, and has it changed?
2 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 3: most recently Tribunal(Conditions of Service) Amendment Rules, 2023 (2023), then Tribunal(Conditions of Service) Second Amendment Rules, 2023 (2023), and 1 more.
When was Section 3 of the Tribunals Reforms Act enacted?
Section 3 of the Tribunals Reforms Act, cited as Tribunals Reforms Act 2021 3, was enacted on 13 Aug 2021 as Act 33 of 2021. It is in force as at the date shown on this page.
Other sections of this Act
- 21. Amendment of Act 47 of 1999603 words
- 10. Amendment of Act 14 of 1957514 words
- 33. Transitional provisions345 words
- 22. Amendment of Act 48 of 1999320 words
- 13. Amendment of Act 39 of 1970320 words
- 24. Amendment of Act 13 of 2003251 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.