Supreme Court Rebukes Centre for Seeking Delay in Tribunal Reforms Hearing
CJI BR Gavai criticizes the Centre’s adjournment request, calling it unfair amid the Tribunal Reforms case hearing.
The Supreme Court on Thursday sharply rebuked the Centre for what Chief Justice B R Gavai described as “very unfair” tactics in a long-pending challenge to the Tribunals Reforms Act, 2021, bluntly asking the government whether it wanted the case resolved only “after we retire.” The three-judge bench, also comprising Justices P. S. Narasimha and K. V. Viswanathan, was hearing final arguments on pleas led by the Madras Bar Association that accuse the Union of deliberately re-enacting provisions the Supreme Court had struck down just weeks earlier in its July 2021 judgement.
CJI Gavai’s frustration peaked when Additional Solicitor General Aishwarya Bhati sought yet another adjournment on behalf of Attorney General R Venkataramani, citing an international arbitration commitment on Friday. “We have accommodated him twice already. Every day we hear he’s busy with arbitration. At the last moment you file an application to refer this to a five-judge bench!” the CJI said, reminding the government that the court had cleared its Friday docket specifically to conclude hearings and use the weekend to dictate the judgement before his retirement on November 23.
The bench pointed out that the AG had remained silent about referring the matter to a larger bench throughout weeks of arguments on merits, only to raise the plea at the eleventh hour—prompting Justice Gavai to observe, “It seems you want to avoid the present bench.” When ASG Bhati suggested Monday instead, the CJI shot back, “When do we write the judgement then? Tell us frankly if you want this kept after the 24th.” He also questioned why one of the “battery of competent ASGs” could not argue the case, recalling his own days at the Bar when lawyers sacrificed other briefs for part-heard matters.
Ultimately, the court agreed to hear senior advocate Arvind Datar for the petitioners on Friday and gave the attorney general a final opportunity on Monday, warning, “If he does not come, we will close the matter.” The core dispute centres on the government’s decision to reintroduce—almost verbatim—provisions the Supreme Court had invalidated in its July 9, 2021, verdict on the Tribunals Reforms Ordinance, including a four-year tenure for members (instead of five), a minimum age of 50 for appointment, and executive dominance in selections from a shortlist of just two names.
The 2021 Act abolished nine appellate tribunals and transferred their functions to High Courts, a move petitioners argue undermines judicial independence and violates separation of powers. With the CJI set to demit office in just over two weeks, Thursday’s dramatic exchanges have fuelled speculation that the government may be deliberately delaying a ruling it fears could go against it—leaving India’s tribunal system in limbo for yet another year.
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