A bench of Chief Justice NV Ramana and Judges DY Chandrachud and LN Rao spat fire at Attorney General Tushar Mehta and said the government’s decision to introduce the court’s reform bill, which was enacted by the Parliament and notified on August 13 after receiving the assent of the President, was clearly in total disregard of the trial of the SC. It was also clearly considered prima facie that the non-appointment of members and presidents of courts, despite repeated orders from the SC and the promises of the Center, amounted to contempt for the courts.
CJI Ramana said, “There is no respect for the Supreme Court ruling. You are testing our patience. I will say this.”
On the petitions challenging the validity of the Court Reform Act, which virtually re-enacts the provisions of the earlier law that the SC declared invalid in the ruling of the Madras Bar Association, the bank said: “We can not have this situation, where there is re-enacted the sentence of the Bar Association of Madras and the same provisions. It will continue. The next time we overturn a law contrary to the previous sentence, there will be a new law identical to the one being repealed.It is a retort.There is virtually no difference at all … The legislature can enact a new law after withdrawing the basis of a SC ruling.But it cannot enact a law that is directly contrary to the judgment of the SC “.
He asked for answers from the Center on the validity of the new law and on the appointment of courts within a week. After publishing the matter for a new hearing on September 13, the CJI said, “I think the government is determined not to abide by the SC’s orders and rulings. We have three options: one, to suspend the SC Reform Act. court in 2021 and direct the government to make appointments, second, to close the courts and empower the higher courts to take matters into their own hands;
At one point, the bank said, “We and all members of the legal fraternity appreciated the speed with which you appointed the nine SC judges. We do not want any confrontation with the government. But why do you devote so much to appoint members of the tribunal? and presidents? Courts are collapsing without members or presidents. Why this delay in appointments?
The CJI-led bank said search-selection committees run for months were recommended for court appointments, such as the National Commission for the Settlement of Consumer Disputes, the National Court of Corporate Law and the Court of Appeal. ‘appeal of the armed forces, the TDSAT, central administrative court. the SC judges after the candidates were authorized by the Intelligence Office. “Why have the recommended names, made strictly in accordance with current law, not been made so far, despite repeated SC orders?
Judge Rao said, “Some courts are about to close. Some work with a member and that too in extension. You are emasculating the courts for this approach. You have to do it.”
The SG tried to calm the heat by reading a communication from the finance ministry promising to make a decision in two weeks on the appointment of those already recommended by the selection groups led by the SC judges. But it had a small impact.
Regarding the proliferation of corporate insolvency cases under the IBC, Judge Chandrachud said, “NCLT and NCLAT are fundamental to the economy. They are really the fundamental pillars of government reconstruction and rehabilitation policy. What has happened is that, due to the large number of vacancies, NCLT and NCLAT are not able to eliminate the issues in accordance with the prescribed deadlines. ”
“According to the law, there is an external limit of 330 days for the resolution of the corporate insolvency process. An SC ruling says that, except in exceptional cases, this is a mandatory period beyond which companies must move to With NCLT and NCLAT not being manned, a very critical situation has arisen. Only candidates with IB authorization are considered by the search selection committees. However, the names we recommend are either deleted. time and energy. ”
Not to be discouraged, the SG continued his convictions for one more time to make appointments. The CJI-led bank said: “We have confidence and faith in you (the SG). We do not believe you are advising the government to introduce legislation after legislation to counter SC rulings. There may be some bureaucrats advising the government to “If the SC passes a ruling, it passes a law that overturns it. That’s how the bureaucracy works. But the government has to call now. We are very serious. Although we are very upset, we will give another week to return with instructions. That day we will also pass orders on the legislation. ”
Judge Chandrachud removed the four key loopholes from the Court Reform Act of 2021. He said: “There are four provisions. A person under the age of 50 is not eligible for membership or president, directly contrary to the ruling of the Col. Madras Bar Association Selection Committee to recommend two names from which to choose the center Four-year term, which is again directly contrary to the ruling Compensation to the president and members identical to those of central government officials who hold the same salary as the president and members, again directly opposed to the trial “.
The CJI said: “Everyone knows what the law is, including secretaries. Something we want to make very clear, we are not interested in any confrontation or invite any confrontation. We will be on the list next Monday. At this time we are waiting for appointments. We are issuing notices on petitions challenging the validity of the new law. The CGST Court was also constituted. You must constitute the courts “.