Supreme Court: On 04.08.2017, the bench of J.S. Khehar, CJ and Dr. D.Y. Chandrachud, J agreed to hear the plea filed by Congress leader Jairam Ramesh challenging the validity of some provisions of the Financy Act, 2017 on the ground that those provisions would destroy the independent functioning of the NGT and 18 other tribunals.
The Court, however, refused to stay the operation of the Act and tagged the petition with a similar pending petition filed by NGO Social Action for Forest and Environment.
The Finance Act, 2017, which came into effect from April 1, led to framing of the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017 and these allegedly gave “unbridled” powers to the Executive to decide the qualification of the members, their appointment and removal among other issues. The petitioner said that the changes brought about by the Act would weaken functioning of tribunals including the NGT and curtail their powers and that the tribunal rules gave primacy to the Executive in the appointment and removal process of the chairperson or president and judicial members of the statutory tribunals and authorities and it amounted to attempting to usurp judicial appointment powers and influence the administration of justice.