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Updated September 15th, 2021 at 15:08 IST

Supreme Court criticises Centre for 'cherry-picking' in tribunal appointments

A special bench of the Supreme Court led by the CJI has expressed unhappiness with the government's appointment of tribunal members from the recommended names

Reported by: Vidyashree S
Supreme Court
Credit: ANI | Image:self
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The Supreme Court on Wednesday, September 15, condemned the Central government over selection for appointment as tribunal members from the names recommended by selection panels headed by sitting Supreme Court Judges. Further termed the selection process as "cherry-picking". A special bench of Chief Justice of India NV Ramana, Justice DY Chandrachud and Justice L Nageswara Rao expressed dissatisfaction with the government for the pattern of selection with respect to the recent appointments made in the Tribunals.

The Bench told Attorney General KK Venugopal that The Centre has "cherry-picked" a few names from the selection list prepared by the Search cum Selection Committee and picked up some names from the waiting list while ignoring the names in the selection list. 

The Bench stated, "We are very unhappy with the way in which things are going on and decisions are being taken".

Centre's take on tribunal appointments

Responding to Venugopal's statement that the Centre has a right to reject recommended names, the Bench said, "What is the sanctity of process if the government has the last word? Selection committee undertakes an elaborate process to short-list the names".

Venugopal has asked the Bench to give two weeks for the Centre to reconsider the non-acceptance list apart from candidates who have corruption charges. The Bench said it is disappointed with the names recommended by a selection panel, comprising two Supreme Court judges and two secretaries being treated with disdain.

On September 14, the Centre through an affidavit informed Supreme Court that since 2020, it has appointed 84 members to various tribunals and there are no recommendations pending with it anymore. The Centre clarified that it has acted upon all the names recommended by the search cum selection committees. The affidavit further stated that out of 84 appointments, 39 have been in the current month.

Currently, there are around 250 vacant posts in various key tribunals and appellate tribunals.

SC express unhappiness over tribunal appointments

While CJI Ramana told Venugopal "I have seen the selection list of National Company Law Tribunal (NCLT). The selection committee recommended 9 judicial members and 10 technical members. The appointment letters indicate cherry-picking of 3 names from the select list and others from the wait list, ignoring others in a select list. In service law, you can't go to the waitlist ignoring the select list. What kind of appointment is this?"

He further added, "We select people after conducting interviews and government says we can't elect them... We travelled across the country. We spent a lot of time. During Covid, your government requested us to conduct interviews as early as possible. We wasted so much time". 

The Bench said it is planning on initiating contempt proceedings against the government and various officers responsible. It further gave the last opportunity for the government to provide valid reasons over appointments and for rejecting recommended names.

Tribunal Reforms Act 2021

The Supreme Court was hearing petitions challenging the Constitutional validity of the Tribunal Reforms Act 2021 and the case related to massive vacancies across the tribunals. Also, it has issued notice to the Centre on the plea moved by Congress leader and Member of Parliament Jairam Ramesh in the Supreme Court challenging the constitutional validity of various provisions of the Tribunal Reforms Act, 2021, which was recently passed during the Monsoon session of Parliament.

Jairam Ramesh's plea stated, "The Tribunals Act which repeals the Tribunals Ordinance was made retrospectively effective from April 4, 2021, and enacted inter alia with the objective, "to abolish certain tribunals and authorities and to provide a mechanism for filing an appeal directly to the commercial court or the High Court" and also reduce the burden on public exchequer". 

Earlier, the top court had slammed the government for not moving forward over recommendations made more than a year ago. It had also commented on the new enacted Tribunal law and said that the new law is a "replica" of the old law, which was held to be unconstitutional. 

(With ANI input)

(Image credit: ANI)

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Published September 15th, 2021 at 15:08 IST

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