New Delhi: The Supreme Court on Thursday expressed sharp disapproval after the Centre sought another adjournment in the long-pending case challenging the constitutional validity of the Tribunals Reforms (Rationalisation and Conditions of Service) Act, 2021.
A bench headed by Chief Justice of India B. R. Gavai criticised the government’s request to defer the hearing until after the Attorney General’s return from an international arbitration, remarking, “Very unfair to the court.” The Chief Justice noted that the bench had already adjusted its schedule twice to accommodate the Centre and warned that any further delay would be unacceptable. “If you want to keep it after 24 November, you tell us frankly,” said the CJI, who is set to retire on 23 November. He questioned why another senior law officer could not appear for the government, adding, “You have a battery of competent ASGs. When we were in the high court, we gave up other briefs for part-heard matters.”
The Tribunals Reforms Act, 2021 replaced several appellate tribunals and altered terms of appointment and tenure for judicial members. Petitioners, including the Madras Bar Association, have challenged the Act, arguing that it reinstates provisions earlier struck down by the Supreme Court in 2021 for violating judicial independence and the separation of powers. Senior advocate Arvind Datar, appearing for the petitioners, pointed out that the Act reproduces, “almost verbatim,” clauses of the earlier ordinance invalidated by the court. The top court had previously ruled that reducing tribunal members’ tenure to four years undermined judicial security, setting five years as the minimum term instead.
The bench eventually decided to continue hearing Datar’s arguments on Friday and to allow the Attorney General to present the government’s case on Monday. “If he does not come, we will close the matter,” the Chief Justice cautioned. The case, which has been under final hearing since 16 October, is expected to conclude before the CJI’s retirement later this month.
