Naveen Bharat Editorial
New Delhi: The Supreme Court on Wednesday came down heavily on the Center for shortlisting the names recommended by the Search and Selection Committee (SCSC) to fill the vacant posts of tribunals, saying it will hold its hand for now in contempt of the government. Will catch .
While the Center claimed that it had notified 84 appointments to three different tribunals – the National Company Law Tribunal (NCLT), the Armed Forces Tribunal (AFT) and the Income Tax Appellate Tribunal (ITAT) – on September 12, the Chief Justice of India A special bench headed by NV Ramana and Justices DY Chandrachud and LN Rao took a dig at this.
SCSC recommended 11 judicial members and 10 technical members for NCLT. But the appointment letters show that some members were elected. “We cannot ignore the selected candidates and go on the waiting list. What kind of selection and appointment is this,” the CJI asked. The bench said that the appointments of ITAT are also on the same lines.
“As part of SCSC for NCLT, I interviewed 534 candidates for judicial post and 400 for technical. Out of this, we selected 11 for Judicial and 10 for Technical. Of the judicial members, he selected four and selected three others from the waiting list. Same with technical members. We traveled across the country for this… but it seems to be a waste of time,” lamented the CJI.
Venugopal defended the government citing a provision under the new Act. Justice Chandrachud reminded him that he was relying on a provision struck down by the Supreme Court in July. When Justice Rao insisted that the government could not pick up people from the list prepared for the subsequent days’ vacancies, the AG said that the government was within its rights to do so. Venugopal cited the Tribunal Reforms Act, 2021 to assert the Centre’s dominance over such appointments.
“If the government has the last word, what is the sanctity of the process?” The bench asked. The AG said, “Please take it after a week. We will reconsider the non-approval list.”