The SC on Monday rebuked the central government over vacancies in tribunals or quasi-judicial bodies across India and the way the Tribunal Reforms Act 2021 was enacted.
"We feel the government has no respect for this court" and warned it saying, "you are testing our patience”, lamented Chief Justice NV Ramana.
The centre was criticised for decreasing the terms of members and chairman of Tribunals, citing the reforms are similar to those laws that were annihilated earlier by SC. The court further added that the centre seems resolute on not respecting the apex court orders.
A week notice has been given to the government to make necessary appointments which will be further heard on September 13.
"We are upset... but we don't want confrontation with the government," the Chief Justice said, to which Solicitor General Tushar Mehta replied: "Government doesn't want confrontation either".
The bench headed by CJI N V Ramana and Justices D Y Chandrachud and L N Rao said: “You are emasculating the tribunals.”
The government has appointed 9 SC within 7 days of orders reaching it.
"Why is it taking one and half years to appoint tribunal members and chairpersons," the court asked.
Also Read: Country is going to get bad name: SC concerned over fake & communal news
The CJI said we are not interested in or inviting any confrontation (with the govt), we are listing the matter for further hearing till next Monday.
"We do not want confrontation with the government but we will be left with no option but to either close down the tribunals or take over the appointments and initiate contempt if the government does not implement the recommendations," it said.
"Vacancies in critical tribunals like NCLT (National Company Law Tribunal) and NCLAT (National Company Law Appellate Tribunal)... they are important for the economy. Vacancies also in armed forces and consumer tribunals are leading to delays in the resolution of cases," said the court.
The court’s annoyance came after the Solicitor General statement told the court that the Finance Ministry had said a decision on the appointments will be viewed in two months.
"But vacancies are pending for two years. Why have you not made appointments yet? You are weakening the tribunals by not making appointments," Justice L Nageswara Rao said.
Expressing displeasure over the Tribunal Reforms Act, Justice DY Chandrachud said that it has become a ‘pattern’.
"We strike down one act and a new one comes... has become a pattern," he added.
"We can't give credence to new legislations when earlier instructions are not being paid heed to... We hope you (the Solicitor General) are not telling the government to make legislation one after the other... Maybe bureaucrats do that... but we are very upset," stressed the bench.
Mr Mehta was given three options by the CJI.
"One - staying the Tribunal Reforms Act... and going ahead with appointments. Second - we close down tribunals. Third - we make appointments for tribunal positions ourselves," he said.
Giving out a warning, Chief Justice Ramana gave another option saying the court will initiate contempt proceedings against the government.
Also Read: SC Collegium approves elevation of these 'Four' advocates as Judges in Punjab & Haryana HC
Today‘s direction was issued on an appeal by Rajya Sabha MP Jairam Ramesh.
The Congress leader has asked to outline the provisions of the Tribunal Reforms Act of 2021 that were activated by an ordinance by the centre that was quashed by the SC, declaring it to be unconstitutional. The Act that eliminates nine important tribunals, MP Jairam said are dangerous to judicial independence by giving the government power over appointments, service conditions and salaries of tribunal members.