The Madras High Court today heard the petition filed by Madras Bar Association challenging Sections 156 to 189 of Finance Act, 2017..The case was heard by a Bench of Chief Justice Indira Banerjee and Justice Bhavani Subbarayan, which refused to stay the provisions. The Court, however, ordered that all actions taken pursuant to the impugned Act and Rules would be subject to the outcome of the case..Senior Advocate Arvind Datar appeared for the petitioner while Additional Solicitor General GR Rajagopalan appeared for the Central government..The petitioner has challenged Sections 156 to 189 of the Finance Act, 2017 and the Tribunal, Appellate and other Authorities (Qualifications, Experience and other conditions of Service of Members) Rules, 2017..The above provisions empowers the Centre to make Rules relating to appointment, qualifications, terms of office and removal of Chairperson and members of Tribunal..The petitioner has 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. Terming it a shocking, the petitioner has alleged that the same is violative of Article 50 which provides for separation of judiciary from executive..Besides, the tenure of Presidents of all Tribunals have been reduced to three years, which according to the petitioner is in violation of the Supreme Court judgment in 2010 case of Union of India vs R Gandhi..Further, the petitioner has also challenged the manner in which the Act was passed by styling it as ‘money bill’. The petitioner has contended that the provisions relating to structuring and re-organisation of tribunals, are not matters relating to money bill and hence those matters could have been legislated only through separate legislations and bills and with the assent of Rajya Sabha..The Court had issued notice to the Central government on June 16..The matter is now listed for final hearing on July 24..Read more about the petition here.
The Madras High Court today heard the petition filed by Madras Bar Association challenging Sections 156 to 189 of Finance Act, 2017..The case was heard by a Bench of Chief Justice Indira Banerjee and Justice Bhavani Subbarayan, which refused to stay the provisions. The Court, however, ordered that all actions taken pursuant to the impugned Act and Rules would be subject to the outcome of the case..Senior Advocate Arvind Datar appeared for the petitioner while Additional Solicitor General GR Rajagopalan appeared for the Central government..The petitioner has challenged Sections 156 to 189 of the Finance Act, 2017 and the Tribunal, Appellate and other Authorities (Qualifications, Experience and other conditions of Service of Members) Rules, 2017..The above provisions empowers the Centre to make Rules relating to appointment, qualifications, terms of office and removal of Chairperson and members of Tribunal..The petitioner has 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. Terming it a shocking, the petitioner has alleged that the same is violative of Article 50 which provides for separation of judiciary from executive..Besides, the tenure of Presidents of all Tribunals have been reduced to three years, which according to the petitioner is in violation of the Supreme Court judgment in 2010 case of Union of India vs R Gandhi..Further, the petitioner has also challenged the manner in which the Act was passed by styling it as ‘money bill’. The petitioner has contended that the provisions relating to structuring and re-organisation of tribunals, are not matters relating to money bill and hence those matters could have been legislated only through separate legislations and bills and with the assent of Rajya Sabha..The Court had issued notice to the Central government on June 16..The matter is now listed for final hearing on July 24..Read more about the petition here.
