The Supreme Court expressed disapproval over the Attorney General's request for adjournment in a case challenging the validity of the Tribunals Reforms Act, 2021.
CJI BR Gavai stated that repeated accommodations for the Attorney General were "not fair to the Court".
The case concerns the Constitutional validity of the 2021 legislation rationalizing tribunals, specifically regarding provisions struck down in Madras Bar Association v Union of India.
The bench directed Aravind Datar to complete his rejoinder and scheduled the next hearing for November 10.
Detailed Insights:
The Tribunals Reforms Act, 2021 abolished several appellate tribunals and altered the tenure, age criteria, and selection process for tribunal appointments.
The Supreme Court is examining whether the 2021 law unconstitutionally re-enacts provisions previously struck down for violating judicial independence.
A key point of contention is the extent of Parliament's power to modify the appointment process and service conditions of tribunal members.
The government's request for a reference to a larger bench could provide an opportunity to renegotiate the issue with the judiciary.
Key Concepts Involved:
Tribunal: A quasi-judicial body established to resolve specific disputes.
Judicial Independence: The principle that the judiciary should be free from influence or control by other branches of government.
Constitutional Validity: The assessment of whether a law is in accordance with the Constitution.