'Avoiding my bench...': CJI after Centre seeks larger constitution bench
What's the story
The Supreme Court has expressed its displeasure over the Centre's plea to refer a case challenging the Tribunals Reforms (Rationalisation and Conditions of Service) Act, 2021, to a larger bench. Chief Justice BR Gavai and Justice KV Chandran were miffed, as they had already heard final arguments from petitioners, including the Madras Bar Association. The 2021 Act abolishes certain appellate tribunals and changes the terms for tribunal members' appointment and tenure.
Bench avoidance
Centre trying to avoid my bench: CJI Gavai
CJI Gavai questioned why the Centre raised this issue at such a late stage. "You cannot raise these objections after hearing them fully on merits... we do not expect the Union to indulge in such tactics," he said. The Chief Justice also hinted that it appeared the Centre wanted to avoid his bench. Notably, the CJI is set to demit office on November 23.
Misunderstanding addressed
AG clarifies intent behind larger bench application
Attorney General R Venkataramani clarified that the Centre's application for a larger bench was not intended to avoid the current bench. He argued against striking down the Act immediately, saying it should be given time to stabilize. Justice Chandran also noted that raising this issue at such a late stage was inappropriate. "At least at some stage you should have raised this issue...You took an adjournment because you wanted to come and argue," the bench observed.
Law defense
Act passed after careful consideration, says AG
The Attorney General further defended the Act, saying it was passed after careful consideration. He urged the court to let the law function and gain experience before deciding on its validity. "Merit cannot be sacrificed for selections to take place from the waitlist," he said while referring to appointment provisions in various tribunals under the law.
Hearing continuation
Supreme Court hearing on tribunal law petitions to continue Friday
The Supreme Court had started final hearings on October 16 over petitions challenging the constitutional validity of the Act's provisions. The hearing will resume on Friday, with both sides expected to present more arguments. In July 2021, the top court quashed multiple provisions of the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, finding them inconsistent with the principles of judicial independence and separation of powers.