‘Want Us To Hear After We Retire?’: SC Rebukes Centre Over Delays In Tribunal Reforms Case

The Supreme Court of India on Thursday severely criticised the Government of India for seeking yet another delay in the hearing challenging the Tribunals Reforms (Rationalisation and Conditions of Service)

Act, 2021, asking pointedly whether the government intends the case to be heard only after the current bench retires.

A bench comprising CJI B. R. Gavai, Justice K. Vinod Chandran, and Justice Vipul M. Pancholi heard the petitions filed by the Madras Bar Association and others. The petitions challenge the constitutional validity of various provisions of the Act, which abolished certain appellate tribunals and amended appointment, tenure, and service conditions of tribunal members.

During the hearing, the bench took strong exception to an application made by the government through Attorney-General R. Venkataramani and Additional Solicitor General Aishwarya Bhati seeking an adjournment on the ground of the AG’s prior international arbitration commitment. “Very unfair to the court,” CJI Gavai said, noting that the government had already been accommodated twice before.

He added, “If you want to keep it after 24 (November), my retirement, tell us frankly.” The remark came after the bench observed a pattern of requests that appeared designed to avoid a final hearing before the current bench’s tenure ends.

The bench also questioned why another law officer could not represent the Union of India, rather than relying repeatedly on the AG’s availability. It said the court had cleared its schedule for Friday to hear arguments and use the weekend to write its judgment.

Having already heard final arguments from petitioners, the bench warned that if the government fails to appear properly, it “will close the matter” or proceed without further adjournments.

The case is significant because the 2021 Act is seen as affecting the independence of tribunal bodies that adjudicate specialised disputes by giving greater control to the executive over appointments and tenures. Petitioners argue this undermines the separation of powers.

The court has now scheduled the next hearing for Monday for the AG’s submissions, after the petitioner argues on Friday. The government must thus move swiftly or risk the bench taking a hard line.