Will constitute special bench to hear tribunal matters: CJI NV Ramana

Chief Justice of India (CJI) NV Ramana said on Monday that he is considering setting up a special bench to hear cases relating to tribunals, their functioning and appointments. (Madras Bar Association vs Union of India).The remark was made after Senior Advocate Vikas Singh for the applicant, A. M. Alankamony, mentioned a case regarding appointment of chairperson of Telecom Disputes Settlement and Appellate Tribunal (TDSAT). The CJI said that matter should be listed before a bench headed by Justice L Nageswara Rao which has been hearing cases relating to tribunal appointments. "I cannot hear all the tribunal matters. I will have to constitute a special bench for this," the CJI remarked. .The plea by the applicant seeking appointment in TDSAT was filed through Chambers of Kartik Seth.The application will now be mentioned before Justice L Nageswara Rao led bench tomorrow. .Vacancies in tribunals have been a constant source of friction between the government and the Court. A Bench headed by CJI Ramana has been frequently pulling up the government for its lackadaisical approach towards tribunals.Also contributing to the friction, is the Tribunal Reforms Act, 2021 passed by the parliament laying down the tenures and other service conditions of tribunal members.Many of the provisions of the Act run contrary to the mandate of the Supreme Court judgment regarding tenures of service of tribunal members.The Supreme Court had on July 14 struck down the newly inserted Section 184 of the Finance Act, 2017 as amended by the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 (Ordinance) to the extent that it fixed the tenure of members and chairperson of tribunals at 4 years.The top court had ruled that Section 184(11) of the Finance Act, which prescribes a tenure of four years for members, was contrary to the principles of separation of powers, independence of judiciary, rule of law and Article 14 of the Constitution of India as well as the judgment of the apex court in the Madras Bar Association III case."Consequently, the declaration of this Court in para 53(iv) of (the judgment in) Madras Bar Association-III shall prevail and the term of Chairperson of a Tribunal shall be five years or till she or he attains the age of 70 years, whichever is earlier and the term of Member of a Tribunal shall be five years or till she or he attains the age of 67 years, whichever is earlier," the Supreme Court had ordered.However, as per Section 5 of the new Bill, the term of office of the Chairperson of a tribunal shall be four years or till the person attains age of 70, whichever is earlier. Similarly, for members of tribunals, the tenure has been prescribed as four years or till he/she attains 67 years, whichever is earlier.

Will constitute special bench to hear tribunal matters: CJI NV Ramana

Debayan Roy

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