Centre crippling tribunals, says SC

Satya Prakash

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Tribune News Service

New Delhi, September 6

With around 250 posts in various tribunals and appellate tribunals remaining vacant for years, the Supreme Court today charged the Centre with attempting to emasculate the quasi-judicial bodies.

‘May initiate contempt proceedings’

There is no respect for the judgments of this court… You (the government) are testing our patience… We may consider initiating contempt proceedings. Supreme Court Bench

“We don’t want confrontation with the government… we are happy with the way the nine Supreme Court judges were appointed… But what about these tribunals,” a three-judge Bench led by Chief Justice of India NV Ramana asked Solicitor General Tushar Mehta. The government didn’t want any confrontation either, Mehta said.

The Bench asked the Centre to apprise it of alternative proposals, if any, and whether it wanted the tribunals to continue.

“You (government) are emasculating the tribunals by not making the appointments,” said the Bench, which also included Justice DY Chandrachud and Justice LN Rao.

“There is no respect for the judgments of this court. This is what we are feeling. You are testing our patience. Last time, you made a statement that some persons have been appointed. Where are they appointed,” the Bench said.

“It seems you are bent upon not respecting the judgment of the court… We have only three options left, one is staying the legislation… and directing you to go ahead with the appointments, or close down these tribunals and give the powers to high courts to take up these matters, and third is we ourselves will appoint the people. We may consider initiating contempt proceedings,” the CJI said.

The SC also took exception to the new memorandum of procedure that said the shortlisted names would be recommended only after getting clearance from the Intelligence Bureau. Noting that tribunals were critical to the economy, the Bench asked the Centre to make some appointments to tribunals before Monday, the next date of hearing.

Mehta said the government would ensure that in the next two weeks decisions were taken as regards appointments to tribunals where the search and selection committee had already recommended names.

The court issued notices on petitions filed by senior Congress leader Jairam Ramesh and others challenging the validity of various provisions of the Tribunal Reforms Act, 2021, passed during Parliament’s monsoon session that reduced the tenure of chairmen and members of various tribunals.