The central government has come out to strongly defend the validity of the Tribunal Reforms Act, 2021 (Act) in the Supreme Court today. The reply by the centre clearly stated that any attempt by the Supreme Court to overturn the new statute on tribunal laws would be a violation of the constitutionally mandated division of powers between the state’s several organs.
The Union of India’s statement came in response to a slew of petitions filed by the Madras Bar Association, Jairam Ramesh, and others questioning the Act’s validity.
The petitions had contended that Section 3(1) along with Sections 3(7), 5 and 7(1) of the Tribunal Reforms Act, 2021 violated Articles 14, 21 and 50 of the Constitution.
Strongly defending the Tribunal Reforms Act the central government wrote in its reply that even if there is a violation of the basic structure doctrine, it is not a basis for challenging a statute’s legitimacy.
The Centre has told the apex court that a violation of the Constitution’s fundamental structure principle can be used to invalidate a constitutional amendment but not a statute.
“It has been held in a series of cases including by two Constitutional Bench decisions and by a 7 judges bench of this Hon’ble Court that basic structure in the Constitution can only be used to test the validity of a Constitutional amendment but has no relevance when it comes to the validity of a statue,” the Centre said in its reply.
The Centre went on to say that judicial independence isn’t a valid basis for putting statutes to the test.
“If for any reason independence of the judiciary is treated as the basis, one could not phrase a provision by declaring that independence is removed which would ex facie sound antithetical. What is more, independence of the judiciary is not a ground which can be used for testing statutes,” the reply added.
The Union government argued that it is distressing that laws and statutory rules made by Parliament and the Executive in areas of pure policy are being declared void by invoking the judiciary’s independence, even though such laws and rules do not violate fundamental rights or any provision of the Constitution and are entirely within the competence of Parliament and the Executive.
“Government equally believes that the Court striking down these pure matters of policy violates the separation of powers by the judicial wing of the State,” read the reply.
The central government’s response comes after a bench led by Chief Justice of India NV Ramana had in September criticised the central government for passing the Tribunals Reforms Act, 2021, with provisions that are contrary to a previous Supreme Court judgement. The bench was hearing a petition by Congress Rajya Sabha MP Jairam Ramesh that challenges the Tribunals Reforms Act.
The tribunal laws 2021
The Tribunal Reforms Act of 2021 replaces an ordinance that was passed in April of that year. The bill was introduced by Finance Minister Nirmala Sitharaman in the Lok Sabha, and it was passed on August 3 amid ruckus by the Opposition.
Chairpersons and members of the tribunal that is being disbanded will cease to hold office, and they will be entitled to compensation equal to three months’ pay and allowances for their premature termination, according to the Act. It also suggests modifications to the way certain other tribunals are appointed.
The Act not only establishes uniform pay and rules for search and selection committees across tribunals, but also allows for the removal of tribunal members who have been adjudged as insolvent, convicted of a crime involving moral turpitude, or who have become physically or mentally incapable of serving as Chairperson or Member. Former judges of the High Courts and the Supreme Court serve as chairpersons and judicial members of tribunals.
