Testing our patience: SC slams Centre over Tribunals Reforms Act

The bench, comprising Chief Justice NV Ramana and justices DY Chandrachud and L Nagendra Rao, also hit out at the Centre over the delay in filling up vacancies in the tribunals.

The Supreme Court on Monday expressed its displeasure over the way the Union government enacted the Tribunals Reforms Act calling it "a virtual replica of the provisions struck down by the court".

Supreme Court.

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 apex court posted the matter to next Monday and said it expected appointments to be done by then.

A Livelaw report quoted CJI Ramana as saying, "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?"

Justice Chandrachud said the functioning of tribunals like NCLT and NCLAT was affected because of lack of adequate members. Stating the court was "extremely upset" with the situation, the CJI said, "We have only three options. One we stay the legislation. Two, we close down the tribunals and give the powers to the high court. Three, we ourselves make the appointments."

Justice Chandrachud said the Tribunals Act was “virtually a replica of the provisions struck down by the court in the Madras Bar Association.”

He further said that while the legislature cannot take away the basis of a judgment, adding it cannot pass a judgement which is contrary to a judgment.

The court also issued a notice on a writ petition filed by Congress MP Jairam Ramesh challenging the Act.

The report said solicitor general Tushar Mehta sought two-three days to get back to the court over the matter.

The CJI further said, "We are not interested in or inviting any confrontation (with the government), we are listing the matter for further hearing till next Monday."