SC questions Centre for passing Tribunal Bill without debate

SC also quizzes govt on re-enacting provisions struck down by court

The Supreme Court on Monday questioned the Centre for passing the Tribunals Reforms Bill, 2021 without any debate in Parliament and re-enacting provisions struck down by the top court.

The court also expressed concern over "disturbing trend" of the government not complying to the directions issued by it.

"Inspite of all that (court directions), few days back we have seen, the ordinance which was struck down has been re-enacted. We are not commenting on Parliament proceedings," a bench presided over by Chief Justice N V Ramana said.

"Of course, the legislature has prerogative to make laws. At least we must know why the government has introduced the bill despite being struck down by this court...I have not come across any debate, which took place in Parliament (over the bill). Please show us the debate -- the reasons and all that," the bench asked Solicitor General Tushar Mehta.

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The strong observations from the top court comes just a day after the CJI lamented at the lack of quality debates in Parliament, saying the "sorry state of affairs" was resulting in passing of laws with a "lot of ambiguity and gaps" besides leading to increased litigation.

On Monday, dealing with a matter related to vacancies in tribunals, the bench told Mehta, representing the Centre, "It is a serious issue...tribunals have to continue or to be shut down."

Mehta submitted before the top court that the process was on for appointments to the Central Administrative Tribunal.

The bench referred to a judgment passed by a bench presided over by Justice L Nageswara Rao.

The bench said the dispensation of justice by the tribunals can be effective only when they function independent of executive control, and this would make them credible and would also generate public confidence.

Referring to the judgment, the bench said, "We have noticed a disturbing trend of the government not implementing directions issued by court".

With regard to the Tribunal Bill, the bench said, "We must know reasons for making of this law, the reasons for making this legislation."

Mehta said, "This is the wisdom of Parliament".

On this, the Chief Justice asked, "Can you show us ministry note citing reasons for the Bill?"

Mehta replied that till the bill has not attained the status of an Act, it may not be proper on his part to respond.

"So far as since validity is not in question, I'm not right now in a position to respond," the SG replied.

Finally, the top court gave 10 days time to Centre to make appointments and cautioned it about the consequences, even as Mehta sought two weeks time.

On August 6, the court had told the Centre to come clean on long list of vacancies in tribunals across the country, and asked if it wanted to continue or close them down.

Vacancies on 19 presiding officers, 110 judicial members, and 111 technical numbers are pending in all the tribunals.