Challenge to Tribunals Reforms Act: Centre wants to avoid my Bench, says CJI Gavai

A Supreme Court Bench led by CJI BR Gavai on Monday took exception to Attorney General R Venkataramani’s request to refer petitions challenging the Tribunals Reforms (Rationalisation and Conditions of Service) Act, 2021 to a larger Bench, saying it appeared the government wanted to avoid the present Bench.

CJI Gavai is due to retire on November 23, 2025.

“If we reject this application by you, we will observe that the Union is trying to avoid this Bench. We will not hear all this now after we have heard one side on merits,” the CJI said after Venkataramani made the request.

The Bench said it did not expect this from the government at the fag end of the final hearing.

Urging the Bench not to misunderstand the Centre’s plea for adjudication of the matter by a larger Bench, the Attorney General said the preliminary objections on this aspect were already part of the reply filed by the Union of India.

“No, please do not get this impression. The Act was passed after due deliberations... we are only saying… Should the Act be just struck down because of these issues? Let it get some time to be stabilised,” Venkataramani said.

The 2021 Act abolished certain appellate tribunals, including the Film Certification Appellate Tribunal, and amended various terms related to the appointment and tenure of judicial and other members of various tribunals.

A Bench of CJI Gavai and Justice K Viond Chandran, which has already heard final arguments on behalf of petitioners, including Madras Bar Association, was irked over the fact that the Centre now wanted the matter to be referred to a five-judge Constitution Bench.

“On the last date (of hearing), you (attorney general) did not raise these objections and you sought adjournment on personal grounds. You cannot raise these objections after hearing them fully on merits… we do not expect the Union to indulge in such tactics.

“This is after we have heard one party fully and accommodated the Attorney General on personal grounds,” said a visibly irked CJI, posting the matter for further hearing on Friday.