Don’t want confrontation, but we are upset: SC on tribunal vacancies

A special bench headed by Chief Justice NV Ramana, on Monday, told the Centre that it is not keen on having a confrontation but its patience is running out on delay in filling up vacancies at key tribunals.

The bench, also comprising justices DY Chandrachud and L Nageswara Rao, said, in the backdrop of long-pending vacancies, the tribunals across the country are on “the verge of collapse”, some are only working with one member, and cases are being adjourned by a year. Justice Ramana told Solicitor General Tushar Mehta: “We are upset, we will give you 3-4 days time.” The bench clearly told Mehta to convince the government to fill long-pending vacancies at tribunals by the next hearing on September 13.

At the beginning of the hearing, when Mehta asked for an adjournment in the matter, the Chief Justice, denying adjournment, said: “You have no respect for the judgments of this court. You are testing our patience.”

Mehta shared a screenshot of a letter addressed to him by the Finance Ministry on September 6. The Ministry said the rules under Tribunal Reforms Act, 2021 are in the process of being finalised and will soon be notified. “The new law has paved way to fill up vacancies in the tribunals... The government will ensure that within next two weeks, a decision on appointment to all the tribunals is taken where the Search-cum-Selection Committees have already given their recommendations to the government”, said the letter.

However, the contents of the letter did not budge the bench, which rather shot a volley of questions at Mehta, while making critical observations on the Act. Justice Rao questioned the assurance in the Ministry’s letter regarding filling up vacancies in the tribunals.

Concluding the hearing the Chief Justice stressed that the court expects some appointments to be made by Monday.