Another challenge to Finance Act provisions on Tribunals, Supreme Court issues notice in Jairam Ramesh’s petition

Congress MP, Jairam Ramesh has challenged the vires of Section 182, 183, 184 and 185 of Finance Act, 2017. Ramesh has also challenged the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience And Other Conditions Of Service Of Members) Rules, 2017 (Rules), which have been framed pursuant to Section 184..A Bench of Chief Justice JS Khehar and Justice DY Chandrachud, which heard the case, issued notice to the Central government and tagged it with a similar petition filed before, which is pending before the Court..Senior Advocate Mohan Parasaran appeared for Ramesh..Ramesh’s petition is specific in its averments which are with respect to affecting the autonomy and independence of National Green Tribunal (NGT)..He has urged that the Section 184 confers upon the Central government the powers to make rules to provide for qualifications, appointment, term of office, salary and other conditions of service of members of various tribunals..Ramesh has contended that the Central government through its Rule making powers under Section 184 has sought to practically modify the qualifications, appointment procedure and term of office laid down in the NGT Act, 2010..Ramesh has argued that since Rules have to be tabled before Parliament only for post facto scrutiny unlike legislation, which has to be passed by the Parliament, the government gets unbridled powers in relation to the functioning of tribunal members, thereby impinging upon the separation of powers between the judiciary and executive..Further, Ramesh has contended that the impugned Rules have diluted Section 5 of the NGT Act, which required that the Chairperson of the NGT to be a retired Supreme Court judge or retired Chief Justice of High Court. The Rules now allow even a non-judicial member to be a Chairperson of the NGT..The petitioner has made similar contentions with regard to the changes brought about by the Rules in the term of office of members of NGT, reappointment, removal, salary and allowances of members..Besides the above, the passage of Finance Act as a money Bill has also been assailed as colourable exercise of power. Ramesh has contended that the introducing and passing it as a Money Bill is a deliberate attempt to bypass the approval of Rajya Sabha and is a clear case of Constitutional fraud..The Petitioner has prayed for striking down Section 182 to 186 of the Finance Act as violative of Articles, 14, 19 and 21 of the Constitution. He has also prayed that the Rules framed under Section 184 be declared as ultra vires NGT Act, 2010..Three High Courts already seized of challenge to Sections 156 to 189 of Finance Act on the ground that they affect the autonomy of tribunals. The Supreme Court had also earlier issued notice in a similar challenge..Read the petition below..Image Courtesy: Livemint