[BREAKING] Do you want to continue Tribunals or close them down? Supreme Court warns it will summon Central govt officers if vacancies not filled

The Supreme Court on Friday took strong exception to the delay by the Central government in filling up vacancies in various tribunals across the country effectively crippling their functioning and leaving people without legal remedies..A Bench of Chief Justice of India NV Ramana and Justice Surya Kant cautioned the Central government stating that the court will summon top officers of the Central government if urgent action is not taken. "We don't know what is your stand - you want to continue to tribunals or close it down," CJI asked Solicitor General (SG) Tushar Mehta who was representing the Centre..The CJI said that he has given details of tribunals and vacancies to the Central government and demanded immediate action. Else, top officers will have to appear before the Court, the CJI warned."I have given the names of tribunals and vacancies. Please take a stand and report to court within a week. If not then we will call all top officers across the country to appear before us.""That will not be needed. Please give us 10 days," SG Mehta said.The Court agreed and posted the case for further hearing on August 16..The Court was hearing a plea by Madhya Pradesh State Bar Council challenging the validity of the Central government’s notification transferring the jurisdiction of Debt Recovery Tribunal (DRT), Jabalpur to DRT, Lucknow due to unavailability of a presiding officer at Jabalpur.The Court had during the previous hearing observed that the case will provide an opportunity for the Court to examine the reasons behind Central government not filling up vacancies in tribunals."We can very well see that the seats of Tribunals are attached to far-flung places on falling vacant. Then lawyers and litigants have to travel far-of to get Justice. Let's take this as a test case to find out why the Central Government is not filling up the posts in all these important Tribunals," the Court had remarked then. It had then directed that copies of the petition be served on the office of Attorney General (AG) KK Venugopal and Solicitor General Tushar Mehta.Pursuant to that, SG Mehta was present for hearing today..During the hearing today, the CJI highlighted the vacancies in various tribunals."Our registry provided some information on 15 tribunals which has no chairperson or members therein. there are tribunals where there are vacancies in presiding officers. In TDSAT no one is there, in NCLT also judicial and administrative vacancies there. we are members of the committee. we recommended names on May 27 we recommend 10 technical members and 11 judicial members. Nothing happened so far," the CJI said."Appellate tribunal for Electricity, Armed Forces Tribunal has vacancies for technical and judicial members. Justice Khanwilkar recommended names nothing happened. NGT also has vacancies, Justice SK Kaul requested it to be expedited nothing happened," he added..The Court also took exception to the government introducing new law on service conditions of members of tribunal whenever Supreme Court strikes down the same as unconstitutional. He was referring to Madras Bar Associations judgments delivered by the top court prescribing minimum tenure and qualifications for tribunal members."The impression we are getting that bureaucracy does not want the tribunals. You have also changed the qualification and tenure. This is unending thing. How many times did Madras Bar file petitions. 3 judges, 5 judges and then again 3 judges passed judgments," the CJI said. .Justice Surya Kant also concurred stating that either vacancies in tribunals will have to be filled up or jurisdiction of High Courts to hear cases currently being heard by tribunals, will have to be restored."You cannot make the tribunals defunct. If you don't want the tribunals we will restore jurisdiction of the high court. we cannot keep people without remedy. if you want it to continue, then fill the vacancies," he said..Either vacancies in tribunals will have to be filled up or jurisdiction of High Courts to hear cases currently being heard by tribunals, will have to be restored.Justice Surya Kant.The Court, therefore, demanded action from Centre while posting the matter for hearing on August 16. Senior Advocate Nidhesh Gupta appearing for the petitioners informed the court about a new bill which has been tabled in the parliament regarding tenure of tribunal judges. He was referring to the Tribunal Reforms Bill, 2021 laying down the tenures and other service conditions of tribunal members.Many of the provisions of the Bill run contrary to the mandate of the Supreme Court judgment regarding tenures of service of tribunal members..However, the CJI remarked, "we cannot stop the government from making laws.""List this on August 16 after Independence day. Hopefully, we will get some good news," the Court said. But the government can also not stop us from passing orders, the Bench added..The plea by MP State Bar Council was filed by Advocates Siddharth R Gupta and Mrigank Prabhakar..(Read Order)