SC raps Centre over delay in Tribunal appointments

The Supreme Court on Monday rapped the central government over the delay in appointments to the Tribunals and the recently passed Tribunals Reforms Act, saying it was identical to the provisions struck down by it previously. The bench, comprising Chief Justice NV Ramana and justices DY Chandrachud and L Nagendra Rao, also slammed the Centre over the delay in filling up vacancies in the tribunals. The bench directed  the government to appoint members/chairs of various Tribunals by Monday next week.

CJI Ramana said, "There is no respect to judgments of this court. You are testing our patience. How many persons were appointed? You said some persons were appointed. Where are the appointments?" CJI Ramana asked Solicitor General Tushar Mehta, who appeared for the Centre, we are sure you don't advise the government this way. Some bureaucrats give advice. Again and again, same law is being brought. This is how bureaucracy functions? We are very upset.

Justice Chandrachud noted that the Tribunal Act is virtually a replica of the provisions stuck down by the court. "Legislature can take away the basis of the judgment of the Supreme Court, but you cannot pass laws directly contradicting the Supreme Court judgment," Justice Chandrachud told SG Mehta.The Supreme Court questioned why the government has allowed the Tribunals to become defunct. "Important tribunals such as NCLT, NCLAT, Consumer forum, Green Tribunal, Armed Forces Tribunal, TDSAT, Debt recovery -- are virtually defunct without members. Why has CGST Tribunal not been set up yet?" the bench asked.The bench also issued a notice on the writ petition filed by Congress MP Jairam Ramesh challenging the Tribunal Reforms Act. Senior advocate AM Singhvi, appearing for Ramesh, said the provisions brought again in the law are identical to the ones struck down by the Supreme Court and are "flagrant contempt of court orders".