Thread by @barandbench

#SupremeCourt to hear a petition seeking directions for the constitution of the Goods and Services Tax (GST) appellate tribunal which had not been set up even after 4 years of the GST Act being in existence. CJI Ramana had asked Centre if it wants all #tribunals wrapped up

#SupremeCourt had taken strong exception to the delay by the Central government in filling up vacancies in various tribunals across the country effectively crippling their functioning and leaving people without legal remedies

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SG: In CAT appointments have been made. process has started, I had a word with govt. Please post it after 2 weeks we can come with substantial progrss

CJI: Time is not the issue. In 2017 Madras Bar case this court has said several times that tribunal vacancies has to be filled

CJI reads portion from the last Madras Bar Association case delivered by Justice L Nageswara Rao led bench:
"Existence of large number of vacancies of Members and Chairpersons and the inordinate delay caused in filling them up has resulted in emasculation of the tribunals."

CJI: "The main reason for tribunalisation, which is to provide speedy justice, is not achieved as tribunals are wilting under the unbearable weight of the exploding docket.."

CJI: " Undoubtedly, the legislature is free to exercise its power to make laws and the executive is the best judge to decide policy matters. However, it is high time that a serious effort is made by all concerned to ensure that all the vacancies in the tribunals are filled up.."

CJI: " without delay. Access to justice and confidence of the litigant public in impartial justice being administered by tribunals need to be restored....."

CJI reads: "Dispensation of justice by the Tribunals can be effective only when they function independent of executive control,this renders them credible & generates public confidence.We have noticed a disturbing trend of the govt not implementing & directions issued by Court"

CJI: Inspite of all that, in two days again Ordinance was made. I haven’t come across any debate has been made in Parliament. Its Legislature prerogative to make laws, but We must know reasons for making of this law, the reasons for making this legislation?

CJI: Please show us this debate. This is a serious issue. Tribunals has to continue or close down. this is the only important questiion

SG: We have profound respect for judgment for judgment by Justice Rao led bench

CJI: we are not on making laws, you have the right to do so.

SG: We have taken the last observations seriously. The bill is the wisdom of the parliament

CJI: we are not parliaments wisdom and powers. Ministry might have prepared a note for introducing the law. can you show us

SG: Since the bill has matured into the act it will not be proper for me to go into something that has been passed by the parliament, the old Attorney General is assisting the bench in these batch of matters Since it has fallen from you we will look into it

CJI: When is Attorney General attending court? Yersterday also he was unwell

SG: I may not be able to brief with all nuances since the AG is known to all this since the Roger Mathew case

CJI: You want AG to argue or you will argue

SG: If you can have it after two weeks so that I get instructions and subject to his availability. Else I am there to assist your lordship

#tribunals #supremecourt

SG: I am not citing AG's absence to take more time, in his absence i may not be aware of the background

CJI: last time we gave you number of vacancies. If you wanted to fill the appointments then nothing stopped you

SG: It was done in the Central Administrative Tribunal..

SG: If you can have it after two weeks ..

Justice Surya Kant: are you going to make appointments in two weeks? you are the best person to assure this court. these tribunals are on the verge of becoming defunct

CJI: I want to tell you the meaning of process of appointments. You have told us it is under process it is under process it is under process since last one year, we will give you 10 days to clear vacancies as much as possible, irrespective of matters we have to clear vacancies

CJI: Your orders of appointments will speak for itself

SG: We may do something for which you don't have to look into it

CJI: nothing happened since the last date of the hearing

Sr Adv Jaideep Gupta: My plea is on SAT, SEBI Appellate Tribunal... i have no problem with time being given

Sr Adv Nidhesh Gupta DRT Ahmedabad is being assigned to DRT Mumbai, please have the Solicitor look into it

SG: This should not have happened

CJI: Issue notice. 10 days time granted to the Centre to fill the vacancies.

#supremecourt #tribunals

Supreme Court: Pendency of these matters should not come in way of appointment of members to Tribunals.