The Supreme Court has directed the Centre to place on record the amended draft of the Central Tribunal, Appellate and other Authorities (Qualifications, Experience and other conditions of Service of Members) Rules, 2017, which is under challenge for modifying the terms of appointment and functioning in various statutory tribunals, including the National Green Tribunal, and causing dilution of judicial independence and posing a threat to the Constitution.
Appearing before a Bench led by Chief Justice of India Dipak Misra, Attorney General K.K. Venugopal submitted that the government would amend the Rules and place the draft of the changes on January 4, 2018 before the Supreme Court.
The court, on December 15, ordered the government to give copies of the amended Draft Rules to senior advocates Arvind Datar and Mohan Parasaran, who were appointed amicus curiae, in the case. They are to peruse the proposed amendments and, if necessary, point out anything contrary to the Attorney General’s submission before the matter is taken up by the court.
The court emphasised that the amendments should be in consonance with its past decisions in tribunal appointments.
The development came on several petitions, primarily one by Congress MP Jairam Ramesh, challenging the provisions of the 2017 Rules and the Finance Act, 2017 introducing the modifications in key tribunal appointments.
Mr. Ramesh specifically challenged Sections 182, 183, 184 and 185 of the Finance Act, 2017 as well as the 2017 Rules framed under Section 184.
He contended that Section 184 clothed the government with “uncanalised and unguided power to make rules to provide for qualifications, appointment, term of office, salary, allowances, resignation, removal and other terms and condition of service of chairpersons and members of several other tribunals and appellate tribunals.
His petition had highlighted how the Finance Act bowled out the NGT Act – the parent statute passed by Parliament which set up the tribunal to provide speedy justice against dangers to environment and ecology. The NGT Act had provided the qualifications and conditions for the appointment of NGT Chairperson and members.
But now, the Centre, through the Finance Act, had gifted to itself the power to control the functioning of the tribunal itself and, that too, when the government was itself a party in most cases before the tribunal, Mr. Ramesh had contended.
