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Supreme Court Rebukes Centre Over Late Push to Send Tribunals Act Case to Larger Bench

The two-judge bench plans to finish the government's arguments then decide whether a Constitution Bench is necessary.

Overview

  • The Union filed a formal request to refer challenges to the Tribunals Reforms Act, 2021 to a five-judge bench under Article 145(3), moving after petitioners had concluded arguments.
  • Chief Justice B. R. Gavai questioned the timing as an attempt to avoid the present bench and noted his November 23 retirement, citing a late-night filing and a prior adjournment granted to the Attorney General.
  • The bench said it will hear the government's submissions and will consider a larger-bench reference only if the arguments justify it, with the hearing next listed for November 7.
  • Attorney General R. Venkataramani asked the court to allow the new tribunals framework to operate and resolve technical issues over time rather than striking down the statute now.
  • Petitioners led by the Madras Bar Association argue the Act re-enacts provisions earlier invalidated by the Supreme Court, pointing to reduced tenures, a 50-year minimum age, and curtailed appointment procedures.