Finance Act & Appointment to Tribunals: Centre agrees to bring it “in consonance” with Supreme Court judgments

The Central government on Monday told the Supreme Court that it will take appropriate steps to bring selection process to tribunals in consonance with the Supreme Court judgments..Attorney General KK Venugopal made submissions to that effect before a Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud in the petitions challenging the provisions of Finance Act and the Rules made thereunder, viz., Tribunal, Appellate and other Authorities (Qualifications, Experience and other conditions of Service of Members) Rules, 2017..A slew of petitions were filed in the Supreme Court and various High Courts across the country assailing the Act and Rules on various grounds..One major issue raised by the petitioners pertain to the Rules which provide for appointment, qualifications, terms of office and removal of Chairperson and members of Tribunals. It is their contention that the said Rules violate independence of the judiciary and impinge upon the doctrine of separation of powers..The petitioners have specifically attacked Rules 7 and 8, which provide that retired judges of High Court and Supreme Court, who are appointed to tribunals, can be removed by Central government after a departmental inquiry..Besides, the petitions have contended that the said Rules run contrary to the judgment of the Supreme Court in the 2010 case of Union of India vs R Gandhi.When the matter came up for hearing on Monday, the Centre agreed to bring the selection process in consonance with the judgments of the Supreme Court..The Court noted the same in its order..“It is submitted by Mr. K.K. Venugopal, learned Attorney General for India that appropriate steps shall be taken to bring the selection process in consonance with the judgments of this Court and for the said purpose he seeks some time. Prior to that, he intends to file the suggestions by way of an affidavit, which will be in accord with the judgments of this Court. Let this be done within three weeks from today. Needless to say, the affidavit shall cover all the Tribunals.”.The matter will now be heard on November 20..Read the order below..Click here to download the Bar & Bench Android App