Chief Justice of India NV Ramana’s remarks questioning the law passed last week relating to the process of appointment of tribunal members has triggered a fresh stand-off between the legislature and the judiciary over the powers of and limitations on lawmaking. These provisions, which alter the process of appointment of tribunal members, were earlier brought in through the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021. The bench, which also comprised Justices Ramana and D Y Chandrachud, directed the government to formulate fresh norms on the appointment of tribunal members. The Madras Bar Association had in two other instances — in 2010 and 2015 — challenged various provisions relating to the establishment of the National Company Law Tribunal. In two judgments, the SC had interpreted provisions relating to the appointment of members to align with the independence of the judiciary.

Source: Indian Express August 16, 2021 22:53 UTC