Supreme Court News: Government cannot legislate against Supreme Court order: Supreme Court
The Supreme Court expressed its displeasure over the delay in filling the vacancies of tribunals across the country and told the Central Government that you are testing our patience. “You have rendered the tribunal ineffective. Despite repeated orders from the apex court, we have the option to close the tribunal when the apex court has not filled the vacancy,” the apex court said. The Supreme Court said the government cannot legislate against the verdict. The apex court said the Center has reinstated the same legal provision which was quashed by the apex court.
‘Government does not want to respect decision’
During the hearing, Chief Justice Ramana said that the verdict of this court was not respected. You (Central Government) are testing our patience. Tell me, how many people do you employ? You mentioned that some appointments have been made. Can you tell me where the gift is? The bench said that it was unfortunate that the decision of this court was not respected. You mentioned last time that some members have been appointed. Tell me how many were hired. Justice Chandrachud said that the Tribunal Act 2021 is in fact a repeat of the same law which was overturned by the Supreme Court in its judgment.
At the same time, Justice Rao said, “Despite repeated requests from the Supreme Court, we want to know why the appointment has not been made yet.” Many tribunals are on the verge of closing. The tribunal is coming to an end due to lack of president and members. Can you tell me what your alternative plan is? Do you want to close the tribunal?
The legislature can change the basis of the verdict and cannot legislate against justice.
Justice Chandrachud, meanwhile, also said that the Legislature can change on the basis of any decision, i.e. on the basis of which the decision has been made. But he cannot legislate against the Supreme Court’s decision. You cannot legislate directly which is against the decision of the Supreme Court.
Then the Chief Justice said that we do not want any conflict. Meanwhile, Solicitor General Tushar Mehta said he would inform the concerned ministry about the Supreme Court’s opinion. The Supreme Court has decided to hold the next hearing on Monday. Also, the Supreme Court has said that vacancies are expected to be filled during this period. It is worth noting that there are currently about 250 vacancies in tribunals and appellate tribunals across the country.
Notice to Center on petition against Tribunal Amendment Bill
The Supreme Court has issued a notice to the Center seeking a reply to a petition filed by Congress leader Jairam Ramesh challenging the Judicial Reform Act 2021. The same law which has been repealed by the Supreme Court has been repealed, the petitioner said. On August 6, the apex court had expressed displeasure over non-filling of vacancies in various tribunals, saying it was a matter of great regret. The apex court had asked the Center to provide information on the steps taken to fill the vacancy and also said that some lobbies were suspected to be working in the matter.
Sought an answer on the establishment of the GST Appellate Tribunal
In addition, the Solicitor General, appearing on behalf of the Central Government, has asked the Supreme Court to file a reply regarding the establishment of the GST Appellate Tribunal. The central government asked for time to file a reply. A GST tribunal should be set up, the petition said. It has been four years since the GST Act came into force but the tribunal has not been set up. The Supreme Court said, you have to set up a tribunal, what is the need for a counter in this. This is also an issue. You have to establish a tribunal.
#Supreme #Court #News #Government #legislate #Supreme #Court #order #Supreme #Court