The Supreme Court on Friday stayed parts of amendments to the Finance Act, 2017, and said appointments to all the tribunals would be made as per earlier rules, until pleas challenging the provision of the bill are decided.
The bench comprising Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud accepted the suggestions for the interim arrangement submitted by the Central Administration Tribunal.
The Supreme Court was hearing a batch of petitions that challenged the constitutional validity of the draft rules under the Finance Act, 2017, which were amended in March 2017. The amendment provides the Centre the power to govern appointments, removal and service conditions of the members. Since the amendment, there have been more delays in filling vacancies in tribunals such as the National Green Tribunal.
The bench said the appointment of the chairperson of the tribunal will be made by the chief justice or his nominee. A three-member panel comprising two government secretaries and the chairperson of the concerned tribunal will decide the appointment of other members of the tribunal, the court added.
The petitioners have claimed that the provisions violated the independence and powers of the judiciary and that the new rules will encroach upon the principle of separation of powers. After the Finance Act, 2017, was passed, the government merged eight tribunals, bringing the total number of such panels down to 19 from the earlier 26 tribunals, IANS reported.
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