Supreme Court gives 2 weeks to Centre to make appointments for Tribunals, issues notice on PIL against provisions of Tribunal Reforms Act

  • Gautam Mishra
  • 01:56 PM, 15 Sep 2021

The Supreme Court has today allowed two weeks for the Central Government to make appointments for the Tribunals and give an explanation in case the appointments are not made. The court has also issued notice and tagged with the other related matters, a PIL filed by the challenging Sections 3(1), 3(7), 5 and 7(1) of the Tribunals Reforms Act, 2021 stating they are in contravention of the principles of separation of powers, independence of the judiciary and are against efficient and effective administration of justice.

A special bench of the Chief Justice NV Ramana, Justice DY Chandrachud and Justice L Nageswara Rao said, "We are not happy with this, we are finally giving you two weeks."

The bench was hearing a batch of petitions regarding appointments at the vacant positions in various Tribunals and challenging the recent Tribunal Reforms Act, 2021. It is the contention of the petitioner that the impugned Act has legislated the same provisions which were struck down by the Top Court in the Madras Bar Association Case, decided by the bench.

Earlier, the Supreme Court had asked Central Government to expedite Tribunal Appointments and come back before with an affirmation on the appointments to Tribunals by Monday.

Whereas, over the issue of appointment Justice Ramana said, "We have seen the NCLT list selection committee recommended 9 Judicial Members and 10 Technical Members and the appointment letters was issued to 3 names from the waitlist ignoring others in select list. What kind of appointment is this?",

To which Attorney General KK Venugopal responded, "Milords, we exhaust the recommendation list and then go to the wait list."

Justice Ramana upset from the appointments said, "We traveled across the country wasted our time, during pandemic we interviewed, you selected 2 High Court Judge who are already 62 now 2 years you have wasted, now who will join."

"At the NCDRC where I was there, there also list was truncated," Justice Chandrachud added to the contention of Justice Ramana.

However, over the request of Venugopal, the Court has allowed two weeks time to the Central Government to make appointments and submit explanation for the appointments which in case are not made.

Case Title: Amarjit Singh Bedi v. Union of India I Jairam Ramesh v. Union of India I Delhi Bar Association Vs UOI I State Bar Council of MP Vs UOI | Madras Bar Association Vs. Union of India and Anr.