Deccan Chronicle

Finance Act issue referred to larger bench

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New Delhi, Nov. 13: In a blow to the government, the Supreme Court on Wednesday struck down in entirety the rules formulated by the Centre on appointmen­t and service conditions for members of various tribunals, and referred to a larger bench the issue of examining the validity of the passage of the Finance Act 2017 as Money Bill which was vigorously opposed in Parliament by Opposition parties.

The questions the apex court framed for considerat­ion included whether the ‘Finance Act, 2017’, insofar as it amends certain other enactments and alters conditions of service of persons manning different Tribunals, can be termed as a ‘Money Bill’ under Article 110 and consequent­ly is validly enacted.

The top court held that Section 184 of Finance Act, 2017, which empowers the Centre to frame rules relating to appointmen­t and service conditions of members of various tribunals, does not suffer from excessive delegation of legislativ­e functions as there are adequate principles to guide its framing.

However, a 5-judge Constituti­on bench, headed by Chief Justice Ranjan Gogoi, said: “Tribunal, Appellate Tribunal and other Authoritie­s (Qualificat­ions, Exper-ience and other Conditions of Service of Members) Rules, 2017 suffer from various infirmitie­s as observed earlier.

“These Rules formulated by the Central Government

under Section 184 of Finance Act, 2017 being contrary to the parent enactment and the principles envisaged in the Constituti­on as interprete­d by this Court, are hereby struck down in entirety.”

The apex court directed the Centre to re-formulate the rules strictly in conformity and in accordance with the principles delineated by it.

The bench, also comprising Justices N.V. Ramana, D.Y. Chandrachu­d, Deepak Gupta and Sanjiv Khanna, said the new set of rules to be formulated by the government should ensure “non-discrimina­tory and uniform conditions of service, including assured tenure, keeping in mind the fact that the Chairperso­n and Members appointed after retirement and those who are appointed from the Bar or from other specialise­d profession­s/services, constitute two separate and distinct homogeneou­s classes”.

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