Lawstreet Journal

Supreme Court Slams Central Government, States That Their Patience Is Being Tested Over Pending Appointment Of Personnel Under The Tribunal Reforms Act, 2021

Lawstreet Journal 6 Sep 2021 10:48pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court Slams Central Government, States That Their Patience Is Being Tested Over Pending Appointment Of Personnel Under The Tribunal Reforms Act, 2021

The Apex Court on Monday, September 6, 2021, questioned and criticized the Central Government’s delay in appointing personnel to the tribunals under the Tribunal Reforms Act, 2021.

The court also slammed the government regarding the inclusion of identical provisions in the act which the apex court had struck down in its earlier decision.

APPOINTMENT IN THE TRIBUNALS

The Bench consisting of Chief Justice of India NV Ramana, Justice DY Chandrachud, and Justice L Nageswara Rao stated that the Central Government has not been respecting the judgement of the court and has been testing their patience by not appointing the members and other important personnel to the various tribunals.

The Bench demanded the answers from the Solicitor General, Tushar Mehta representing the government about the number of appointments that have been made until now.

The Supreme Court further questioned the Central Government about the major tribunals such as the National Company Law Tribunal (NCLT) , National Company Law Appellate Tribunal (NCLAT), Consumer forum, Green Tribunal, Armed Forces Tribunal, Telecom Disputes Settlement and Appellate Tribunal (TDSAT), Debt Recovery Tribunal that have become virtually inoperative as their members have not yet been appointed by the Central Government. 

IDENTICAL PROVISIONS

Justice Chandrachud held that “Legislature can take away the basis of the judgment of the Supreme Court, but you cannot pass laws directly contradicting the Supreme Court JUDGMENT.”

There were four provisions included in the new act which were struck down by Justice Rao of the Supreme Court in Madras Bar Association. They were as follows… Continue Reading...


Tagged: Supreme Court of India  
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