NEW DELHI: Taking a strong exception to the enactment of the Tribunals Reforms Act that reduced the tenure of chairmen and members of various tribunals, the Supreme Court on Monday said its judgments were not being respected by the government.
“The Centre appears hell-bent on not respecting the Supreme Court’s orders,” a three-judge Bench led by Chief Justice of India NV Ramana said commenting on the recently enacted Tribunals Reforms Act, which has provisions identical to the earlier law struck down by the top court.
The Bench was hearing a petition filed by Congress leader Jairam Ramesh challenging the Tribunal Reforms Act, 2021, on the grounds that its provisions were inconsistent with the top court’s decision in the Madras Bar Association’s case. The petition specifically challenges Sections 3(1), 3(7), 5 and 7(1) of the Act.
“It is clear that you don’t 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 three options,” the Bench said posting it for further hearing on Monday.
The CJI, however, said, “We don’t want confrontation with the government and we are happy with the way Supreme Court judges were appointed. These tribunals are collapsing with no members or chairperson.”
“You are emasculating tribunals by not filling vacancies,” Justice LN Rao commented.
Describing NCLT and NCLAT as cornerstones of lots of decisions taken by the government with regard to the economy and very important for rehabilitation of corporate entities, Justice DY Chandrachud said, “Important cases are not being heard because of vacancies. Not appointing judges at NCLT and NCLAT creates a very critical position.”