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“Govt Has No Respect For Court”: SC Furious Over Delay In Filling Tribunal Vacancies

“Other option is we initiate contempt proceedings against you (the government),” Chief Justice Ramana warned after giving three options regarding tribunals.

Furious Apex Court on Monday rebuked the Union Government over a large number of vacancies in tribunals, or quasi-judicial bodies, across the country. Chief Justice of India, NV Ramana, complained that they “feel the government has no respect for this court” and warned “you are testing our patience”.

Issuing notice to the government, the top court gave it a week to make the necessary appointments. The court said that the next hearing in this matter will be held on September 13.

“We are upset… but we don’t want confrontation with the government,” the Chief Justice said. SG Tushar Mehta, representing the government, said: “Government doesn’t want confrontation either”.

Reminding the government of “speedy approvals and appointments for Supreme Court judges”, the Chief Justice asked: “… why are tribunal vacancies not being filled?”

“Vacancies in critical tribunals like NCLT (National Company Law Tribunal) and NCLAT (National Company Law Appellate Tribunal)… they are important for the economy. Vacancies also in armed forces and consumer tribunals are leading to delays in resolution of cases,” the court said today.

A three-member bench – Chief Justice Ramana, Justice DY Chandrachud and Justice L Nageswara Rao – issued the notice today on a plea by Rajya Sabha MP Jairam Ramesh.

Indicating its displeasure at the Tribunal Reforms Act and a “pattern”, Justice DY Chandrachud said: “We strike down one act and a new one comes up… has become a pattern.”

“We can’t give credence to new legislations, when earlier instructions of this court are not being paid heed to… We hope you are not the one telling the government to make legislations one after the other… Maybe bureaucrats do that… but we are very upset.”

The CJI gave Solicitor General Tushar Mehta three options.

“One – staying the Tribunal Reforms Act… and going ahead with appointments. Second – we close down tribunals. Third – we make appointments for tribunal positions ourselves,” he said.

“Other option is we initiate contempt proceedings against you (the government),” Chief Justice Ramana warned after giving three options regarding tribunals.

 

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