For the second time in a week, the Supreme Court on Thursday voiced disapproval that Attorney General R Venkataramani, appearing for the Centre, had sought an adjournment in a case challenging the Constitutional validity of the 2021 legislation that rationalised tribunals.
“We have accommodated him twice. This is not fair to the Court,” Chief Justice of India B R Gavai said. The CJI made the remark after Additional Solicitor General Aishwarya Bhati informed the Court that the AG was engaged in an international commercial arbitration and could not argue the case Friday.
“We have accommodated the Attorney General thrice, but we keep hearing that he is busy in international arbitration. You have a fleet of learned ASGs. Let somebody else argue this matter,” Justice Gavai said.
On November 3, the Centre had moved an urgent application seeking a reference to a five-judge Constitution Bench. The AG’s request was made after Senior Advocate Aravind Datar had finished his arguments challenging the law. The bench, comprising CJI Gavai and Justice Vinod Chandran, had asked if the government was “playing tactics” to delay the matter until CJI Gavai retired. The CJI is due to retire on November 23.
However, the AG began his submissions, and the bench then slotted the case on Friday for him to continue his arguments in defence of the law. With the AG seeking leave, the bench directed Datar to complete his rejoinder on Friday and said that the case will be heard next on November 10.
“Inform the AG that we will close the matter on Monday,” the bench said. In the current case, the Supreme Court will have to decide if the 2021 law is unconstitutional for re-enacting provisions that were struck down in Madras Bar Association v Union of India, a 2:1 verdict from 2021 for violating the independence of the judiciary.
The Tribunals Reforms Act, 2021, passed in Lok Sabha on August 2, 2021, apart from abolishing at least seven appellate tribunals under various statutes, has provisions relating to the tenure, age criteria, and search-cum-selection committee for tribunal appointments. These provisions altering the process of appointment of tribunal members were brought in through the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance 2021. The current two-judge bench will be bound by a line of rulings by larger benches that have restricted Parliament’s powers to alter the appointment process and service conditions of tribunal members. However, if the case is referred to a larger bench, the government will have another shot at renegotiating the issue with the judiciary.
© The Indian Express Pvt Ltd
