The Supreme Court, Chief Justice BR Gavai has criticised the Union government for seeking a last-minute adjournment in the hearing of petitions challenging the Tribunals Reforms (Rationalisation and Conditions of Service) Act, 2021, observing that the move appeared calculated to delay proceedings until after his retirement.
Hearing a series of pleas filed by the Madras Bar Association and other stakeholders, the Chief Justice, who retires shortly, expressed disapproval when the Centre sought to refer the matter to a larger, five-judge bench. Justice Gavai remarked that such a request, made at the concluding stage of arguments, “does not reflect fairness” and “gives an impression that the Government wishes to avoid this Bench.”
The petitions in question challenge provisions of the Act governing the tenure, age limits, and appointment processes of tribunal members, arguing that they contravene Articles 14, 21, and 50 of the Constitution by undermining judicial independence. Critics contend that the Act centralises administrative control and weakens the autonomy of quasi-judicial bodies.
The Chief Justice underscored that the matter had already faced multiple adjournments and noted that continued delays compromise the credibility of the judicial process. He reminded the Attorney General’s office that the constitutional bench had been constituted well in advance, leaving ample opportunity for the Government to make procedural requests earlier.
The Tribunal Reforms Act, enacted in 2021, restructured several appellate tribunals and introduced new norms for appointments and service conditions, triggering sustained debate over executive interference in tribunal administration. The Supreme Court has previously cautioned that executive dominance over judicial appointments erodes institutional balance—a concern echoed in the present hearings.
The Court’s strong remarks reflect its commitment to ensuring that sensitive constitutional matters are adjudicated on merit rather than deferred through procedural tactics. By refusing to allow further delay, Chief Justice Gavai reaffirmed that judicial continuity and independence must prevail even in the face of administrative manoeuvring.
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