On Plea By CAT Bar, SC Notice To Centre On Changes In CAT Appointments Brought By Finance Act, 2017 (Read Petition)

The petition by CAT Bar Association comes three weeks after a similar petition was filed challenging the Finance Act alterations  to bring changes  in the composition and working of the National Green Tribunal in which too notices have been issued to Finance Ministry.

The Supreme Court has issued notice to the Finance Ministry on a petition filed by the Central Administrative Tribunal (Principal Bench)  Bar Association challenging the alterations brought about by the Finance Act, 2017 in the composition, selection procedure and qualification for appointment of Chairman and members of the tribunal.

Arguing on Friday before a bench of Chief Justice J S Khehar and justice D Y Chandrachud, senior lawyer Aryama Sundaram assisted by advocate V K Verma said the move will not only weaken the functioning of the tribunal but also “the independence of the members of Central Administrative Tribunal be it judicial or administrative has been compromised by giving disciplinary power over them to the Central Government.”

The petition comes three weeks after a similar petition was filed challenging the Finance Act alterations  to bring changes  in the composition and working of the National Green Tribunal in which too notices have been issued to Finance Ministry. It was seen as Centre's attempt to weaken the NGT also.

The Writ Petition on CAT challenges the constitutional validity of Tribunal, Appellate Tribunal and Other Authorities (Qualification, Experience and Other Conditions of Service of Members) Rules, 2017 and Part XIV of the Finance Act, 2017. Copies of Finance Act, 2017 and Tribunal, Appellate Tribunal and Other Authorities (Qualification, Experience and Other Conditions of Service of Members) Rules, 2017

The Bar Association has prayed for an ex-parte order “staying the operation of Tribunal, Appellate Tribunal & other authorities (qualifications, experience and other conditions of service of members) Rules, 2017 and further direct that during the pendency of the Writ Petition the appointments may continue to be made under the Rules in existence immediately before 01.06.2017”

“Rule 7 & Rule 8 of the Tribunal, Appellate Tribunal & Other Authorities (Qualifications, Experience and Other Conditions of Service of Members) Rules, 2017 are violative of the basic structure of the Constitution of separation of power between the executive and the judiciary and the said 2 provisions undermine the independence &integrity of the Central Administrative Tribunal as a judicial institution and are thus not sustainable in the eyes of law”, the petition said.