Thread by @barandbench

#SupemeCourt to hear a plea by Congress leader Jairam Ramesh challenging the constitutional validity of Sections 3(7), 5 and 7 (1) of the Tribunals Reforms Act, 2021, which received presidential assent on August 13, 2021
#tribunalreforms @Jairam_Ramesh

Read details of the plea here: barandbench.com/news/litigatio…

Bench assembles

Sr Adv Vikas Singh: This judgment by your bench was delivered in 2020 and now this act has been passed which is violative of the same.

I cannot hear you My Lord

#sUPREMECOURT

CJI Ramana: Mr Mehta, where is the Attorney General

SG: There is some personal difficulty for him

CJI: Ok you argue then

SG: Please have it on thursday

CJI: Sorry, last time we made it clear

CJI: There is no respect to judgments of this court. This is what i have to say. this is testing our patience ! how many persons were appointed? you said some persons were appointed? where is the appointments?

Sr Adv Singh: only two have been appointed

SG: AG is in genuine difficulty

CJI: We have no issue with that, you argue that matter

SG: I have received instructions, i can screen share it

SG: This reply is from Finance Ministry addressed to me i will screen share it. I will technologically challenged, I will ask my colleague to do this bit

CJI: you have coined a nice word "technologically challenged !"

SG: The note from Finance Ministry says the tribunal reforms act has been notified now. The rules are being process of being finalised and this new law will pave the way for filling vacancies. centre will take up those cases where search and selection committee has made recomm

SG: Centre will ensure that action will be taken on recommendations by the search and selection committee within the next two weeks. this is the assurance my the ministry

Vikas Singh: This act is contrary to your judgment

Justice L Ngeswara Rao: the judgment was passed with law in place then. all recommendations were made keeping all parameters in mind, why was the appointment not made? what was the reason? the recommendations were strictly in accordance with law

Justice Chandrachud: NCLAT and NCLT is cornerstone of a lot of decisions being taken by centre. because of vacancies cases are not being disposed. the outer limit of 330 days is all in place if not adhered to then companies have to enter liquidation

J Chandrachud: similar problems are in armed forces tribunal... we are receiving article 32 petitions for appointment. I was heading the consumer disputes redressal commission at one point, names which are sent by selection committee are all IB cleared so we don't enter thicket

Justice Chandrachud: not only judiciary but even senior members of bureaucracy are part of the committee.. then why names are being deleted. this is a waste of time

Justice Chandrachud: on top of this, the tribunal reforms act is a replica of the provisions struck down in madras bar association case !

Sr Adv Singh: This is contemptuous !

Justice Rao: YOU ARE EMASCULATING TRIBUNALS BY NOT APPOINTING THE MEMBERS!

CJI: It is clear that you dont want to respect the judgments of this court. now we have the option to stay the tribunal reforms act or close down tribunals or we ourselves appoint the people or the next option is initiate contempt of courts act. these are 3 options

CJI: we dont want confrontation with govt and we are happy with the way SC judges are appointed. these tribunals are collapsing with no members or chaiurperson. tell us your alternate plans !

Justice Chandrachud: we get petitions saying cases are not being disposed off after years

SG: There is no remotest intention to close tribunals

CJI: Take NCLT who are the other two members, law secretary etc not there

CJI: if you dont have faith on two judges of the supreme court then we have no options. we are not going to give much credence to the subsequent legislation. we have issued notification based on earlier rules. Justice Rao told me that MBA order was passed by after hearing AG

Sr Adv Singh: The judgment is contrary to the judgment

Sr Adv Abhishek Manu Singhvi for Jairam Ramesh: we will give you a chart, they have included the same provisions which were struck down

SG: please consider the personal difficulty of AG

Justice Chandrachud: We cannot have MBA 1,2,3,4,5....This will continue and the act will be passed which will be replica of the earlier one. also you need to clear appointments which are cleared and in the pipeline.

CJI:We have trust and respect for you. i am sure you are not advising the centre to bring such a law and this must be bureacurats who are doing it and this is how bureaucracy functions. we are deeply upset. we will give you three, four days to come back and pass orders of act too

.@DrAMSinghvi : we have given a small note which juxtaposes old and new provisions, in section 3(1), 3(7) and 14 and 7(1) are identical to struck down provisions in the last case. This court should consider these provisions cannot operate as they are a flagrant contempt

Justice Chandrachud: First provisio to 184(1) a person below age of 50 years is ineligible to be appointment as chairperson or is member is directly contrary to J Rao's judgment

Justice Chandrachud: limiting tenure to 4 years and one on allowances and pay is directly contrary to the judgment.

Singhvi: no comma or full stop different

SC: the basis of the legislature can be taken away but you cannot enact a law which is contrary to a judgment

Justice Chandrachud: this is not a validating legislation

CJI: We know what is it.. govt also knows. we are not interested in any confrontation. neither we are inviting the same. please understand

BREAKING CJI: we are listing this next Monday, by then WE EXPECT APPOINTMENTS.

So far as RERA is concerned we are issuing notice. Regarding the challenge to tribunal reforms challenge we are issuing notice too.

#Supremecourt

SG: I will convey

CJI: Dont convey.. that is a problem.. else we will pass orders. regarding CGST tribunal also.. you have to constitute the tribunal. if you want an order we will pass order else make the appointments by next Monday

CJI: we are not inclined to pass any orders at present. Mr Mehta seeks time to get instruction about appointments on next date of hearing. heard Mr Singh and Mr Singhvi, issue notice in the petitions. list along with this matter on next day

Adv Nidhesh Gupta: Mr Mehta had stated that appointments will be done in two weeks to the MP Tribunal. this has not been done

SG: it was stated that some other tribunal would be entrusted to the place meanwhile

CJI: We are adjourning this too next Monday. We hope the appointments will be made by then

#supremecourt

special bench rises.

You are emasculating tribunals by not filling vacancies: Supreme Court to Centre

report by @DebayonRoy

#SupremeCourt #Tribunals

Read full story: bityl.co/8YrH

Tribunal Reforms Act 2021 a replica of provisions struck down by Supreme Court: Justice DY Chandrachud

Chief Justice of India NV Ramana says Central govt not respecting judgments of Supreme Court on appointment of tribunal members.