SC disapproves of Centre's 5-judge bench request: CJI Gavai says, "Govt wants to avoid my bench, it seems"

The Supreme Court, on Monday, showed strong disapproval of the Centre's mid-hearing request to refer the petitions challenging the constitutional validity of the Tribunal Reforms Act (that lays uniform service conditions for the chairpersons as well as members of various tribunals) to a five-judge bench.  

The apex court bench led by Chief Justice of India, BR Gavai, heard the arguments of the petitioners and adjourned the hearing upon the request of Attorney General R Venkataramani to enable his participation in an international arbitration. It stated that it was "shocking" for the Centre to make such a request after the petitioners concluded their arguments. 

CJI Gavai said, "We do not expect the Union of India to take such a stand and play tactics with the court. We heard the petitioners' counsel...and others fully on merit. The AG did not point out even once that the Centre would request for reference of the issue to a 5-judge bench." 

Adding, "We will reject this application with an observation that the Union Government is making attempts to avoid the bench (as CJI is demitting office shortly)."

The Attorney General (AG) said that it was never the intention of his or the Government, but accepted the pleading for reference to a five-judge bench, adding that he did it following the substantial questions of law that made it a fit case for adjudication by a constitutional bench. 

But the CJI-led bench firmly responded, "We did not expect the Union Government to indulge in such tactics, that too by applying at midnight before the scheduled hearing. After we have heard the petitioners fully, the Union Govt cannot be permitted to take the plea for reference to a larger bench." 

CJI Gavai, who is slated to retire after 20 days, stated further, "If we, on consideration of the arguments, conclude that the matter involves substantial questions of law requiring reference to a 5-judge bench, we will do so." 

The AG continued defending the legislation to bring uniformity of service conditions for tribunal chairpersons as well as members. 

The top court has now adjourned the next hearing to November 7.