Govt clears NCLT, ITAT appointments
National Company Law Tribunal to get 18 new members, and Income Tax Appellate Tribunal 13
NEW DELHI: The central government on Saturday approved the appointment of judicial and technical members to the National Company Law Tribunal (NCLT) and the Income Tax Appellate Tribunal (ITAT), days after the Supreme Court pulled up the Centre over vacancies in tribunals across the country.
In two official communications, the Centre announced the appointment of eighteen members to the NCLT — eight judicial members and ten technical members — for a period of five years and thirteen new appointments to ITAT (six judicial members and seven accountant members) for four years.
A three-judge Bench headed by Chief Justice of India NV Ramana had on September 6, pulled up the government for its “inaction” in filling up vacancies in tribunals. As of September 6, more than 200 posts were lying vacant across 15 tribunals in the country.
During the hearing, the top court remarked that the Union government has no respect for its judgments and is now testing its patience, adding the government is “emasculating tribunals” by not filling up vacancies in them.
A bench, headed by Chief Justice of India NV Ramana, further observed it was “very upset” by the government and censured the Centre for re-enacting the very same provisions for the administration of tribunals that were struck down by the court in July.
“The government is bent upon not honouring the orders of this court... Virtually the same Act is re-enacted. We cannot have this situation. Legislature can take away the basis of a judgment but you cannot overrule a judgment by re-enacting the very same provisions,” said the bench, which also included justices Dhananjaya Y Chandrachud and L Nageswara Rao.
The bench said that the court will have to consider staying the new law since it is a “replica” of the old law, which was held to be unconstitutional.