New Delhi: The Supreme Court has strongly criticised the Union government for seeking to refer petitions challenging the Tribunal Reforms Act, 2021, to a Constitution bench while hearings were already in progress. Chief Justice of India B.R. Gavai, presiding alongside Justice K. Vinod Chandran, expressed disapproval of the timing and intent behind the move, calling it an attempt to “avoid the bench.”
“We are really shocked to know that the Union government will come up with such a stand. We don’t expect the Union to adopt such tactics,” the bench remarked during the hearing on 3 November. The judges noted that proceedings had been pending since 2021, yet the government filed its application only on 1 November.
According to LiveLaw Attorney General R. Venkataramani, representing the Centre, had informed the court that the government wished to escalate the matter to a five-judge bench. Responding to the CJI’s criticism, he said, “With great respect, please do not call it a tactic.” However, the CJI stood firm, stating, “It is…after we have heard one party fully, after we have accommodated the learned AG on personal grounds…”
The bench clarified that it would consider referring the case to a larger bench only if it found sufficient merit. “We will reject this application with an observation that the Union government is making attempts to avoid the bench,” the CJI added, as reported by Times of India. The hearing has been adjourned to 7 November.
During the proceedings on 4 November, senior advocate Arvind Datar, appearing for the Madras Bar Association, raised concerns over tribunal appointments. He pointed out that merit lists for bodies such as the Income Tax Appellate Tribunal (ITAT) and Central Administrative Tribunal (CAT) were frequently scrapped and replaced, undermining the selection process.
LiveLaw also noted that another Supreme Court bench had previously observed that many retired high court judges were reluctant to accept tribunal posts due to inadequate amenities and support.