The Supreme Court on Wednesday struck down several provisions of the 2021 Tribunals Reforms law related to the appointment, tenure, and service conditions of members of various tribunals, saying they had been re-enacted by the Centre with minor tweaks.

A bench of Chief Justice B R Gavai and Justice K Vinod Chandran said the impugned provisions violated the principles of separation of powers and judicial independence, and they should not have been brought back.

The bench said that dealing with the backlog of cases was not the sole responsibility of the judiciary, and the onus must be shared by the other arms of the government.

The bench held that Parliament had sought to “legislatively override” binding judicial precedents by re-enacting clauses previously quashed by the court.

“We have compared the provisions of the Ordinance and the 2021 Act, and it shows that all provisions struck down, with minor tweaking, have been re-enacted again,” the CJI said while reading the judgment.

“Thus, we have held that the provisions of the 2021 Act cannot be sustained as it violates separation of powers and judicial independence. It amounts to legislative overriding without curing any defects and binding judgment… It falls foul. Thus, it is struck down as unconstitutional,” he said.

The court restored the earlier judicial directions on tenure, making it clear that members of the Income Tax Appellate Tribunal (ITAT) and the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) shall continue to be in service until the age of 62, while their chairpersons or presidents shall remain in office until the age of 65.

The details of the judgment are awaited.

On November 11, the top court reserved its verdict on a batch of petitions challenging the constitutional validity of the Tribunals Reforms (Rationalisation and Conditions of Service) Act, 2021.

The law abolished several appellate bodies, such as the Film Certification Appellate Tribunal, and amended provisions governing appointments, age criteria, and tenure across the tribunal framework. (Agencies)

In a major ruling reinforcing judicial independence, the Supreme Court on Wednesday struck down several provisions of the Tribunals Reforms Act, 2021 relating to the appointment, tenure, and service conditions of members of various tribunals. The Court observed that the Centre had reintroduced provisions earlier struck down by the judiciary, with only “minor tweaks,” amounting to a legislative override of binding judicial precedents.

A bench comprising Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran held that the contested provisions violated the basic principles of separation of powers and judicial independence.

“We have compared the provisions of the Ordinance and the 2021 Act, and it shows that all provisions struck down, with minor tweaking, have been re-enacted again,” the CJI observed while pronouncing the verdict. “Thus, we have held that the provisions of the 2021 Act cannot be sustained… It amounts to legislative overriding without curing any defects. It falls foul. Thus, it is struck down as unconstitutional.”

The Court also underlined that clearing the judiciary’s mounting pendency is a shared responsibility and “not the sole obligation of the courts.”

Earlier Directions Restored

The bench restored previous judicial guidelines regarding tenure and retirement age. Members of the Income Tax Appellate Tribunal (ITAT) and the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) will continue in service until the age of 62, while their chairpersons and presidents will remain in office until 65.

Further details of the judgment are awaited.

Context

The Supreme Court had reserved its judgment on November 11 on a batch of petitions challenging the constitutional validity of the Tribunals Reforms (Rationalisation and Conditions of Service) Act, 2021.

The legislation had abolished several appellate bodies, including the Film Certification Appellate Tribunal, and introduced major changes to the appointment process, qualifications, and tenure of tribunal members—changes that have now largely been invalidated by the Supreme Court.

Chairman of the Al Falah group Jawad Ahmed Siddiqui had “incentives” to flee India as his close family members are settled in Gulf countries and he is in receipt of at least Rs 415 crore tainted funds generated “dishonesty” from students of educational institutions run by his Trust, the ED informed a court.

Siddiqui was taken into custody by the federal probe agency on Tuesday night after it conducted day-long searches against the Al Falah University group of Faridabad. The University is central to the investigation into the November 10 Red Fort area blast which killed 15 and injured several others.

He was produced at the residence of Additional Sessions Judge Sheetal Chaudhary Pradhan (Saket court) where the agency sought his 14-day remand for custodial interrogation.The court sent him to 13-day ED custody till December 1.

The agency informed the court that the university and its controlling trust, under the direction of Siddiqui, generated proceeds of crime of Rs 415.10 crore by dishonestly inducing students and parents to part with money on the basis of false accreditation and recognition claims.

It further claimed that Siddiqui’s arrests was necessary as there was an apprehension of his absconding and of non-cooperation.

“Accused has significant financial resources and influence and has a history of serious economic offences. His close family members are also settled in Gulf countries and he has incentives to flee India.

“Given the gravity of the present allegations (with proceeds of crime quantified in hundreds of crores) and the potential consequences under PMLA, there is a reasonable apprehension that if not arrested he may abscond or remain unavailable for effective interrogation, relocate assets and himself beyond the jurisdiction, and continue to delay or obstruct the investigation,” the ED told the court.

It said Siddiqui was the founder and managing trustee who was “controlling the mind” of Al Falah charitable trust and exercises de facto influence over Al Falah University and its institutions.

It alleged Siddiqui’s custodial interrogation was necessary to unearth and quantify the full extent of the “proceeds of crime”, including those not yet visible in the disclosed income tax return (ITR) figures and to enable the timely attachment and confiscation under the PMLA.

The ED also claimed that Siddiqui has “command” over the staff that handles admission registers, fee ledgers, accounts and IT systems of the University and other institutions under the Trust and he could “destroy or alter records”.

The entire Al Falah educational ecosystem is controlled by him (Siddiqui) and only a portion of the proceeds of crime worth Rs 415.10 crore has been identified so far…, the ED informed the court seeking his remand.

The agency said the entire Al Falah group has seen a “meteoric rise” since the 1990s, metamorphosing into a large educational body.

“However, the financials of the various entities are at variance with the huge amount of assets/wealth accumulated by the group,” it told the court.

Siddiqui’s lawyer told court that his client has been falsely implicated in the present matter.

The court gave Siddiqui’s 13 days remand to ED saying his arrest was as per the PMLA provisions and considering the “gravity” of the offence and that the investigation was at a nascent stage.

The ED has taken cognisance of two Delhi Police FIRs to register its case under the anti-money laundering law against the Al Falah group. (Agencies)

India on Tuesday said that the world must display “zero tolerance” towards terrorism in all its forms and manifestations, asserting that there can be no justification, no looking away and “no whitewashing”.

“As India has demonstrated, we have the right to defend our people against terrorism, and will exercise it,” External Affairs Minister S Jaishankar said in his address at the Shanghai Cooperation Organisation (SCO) Council of Heads of Government meeting here.

Jaishankar said India believes that the SCO must “adapt to the changing global landscape, develop an expanded agenda, and reform its working methods”.

“We will contribute positively and fully to these objectives,” he said.

The SCO was founded at a summit in Shanghai in 2001 by the presidents of Russia, China, the Kyrgyz Republic, Kazakhstan, Tajikistan and Uzbekistan.

India and Pakistan became its permanent members in 2017.

In July 2023, Iran became the new permanent member of the SCO at an India-hosted virtual summit of the grouping.

“We must never forget that the SCO was founded to combat the three evils of terrorism, separatism and extremism. These threats have become even more serious in the years that have passed,” he said.

“It is imperative that the world displays zero tolerance towards terrorism in all its forms and manifestations. There can be no justification, no looking away and no whitewashing,” the EAM said.

Jaishnkar also emphasised on the prevailing economic situation globally and the importance of fostering greater cultural ties in the influential bloc.

“We assess the global economic situation to be particularly uncertain and volatile currently. Supply side risks have been aggravated by demand side complexities. There is consequently an urgent requirement to de-risk and diversify. This is best done by as many of us, forging the widest possible economic links,” he said.

For that to happen, it is essential that this process be “fair, transparent and equitable,” the EAM said.

“India’s endeavours to conclude free trade agreements with many of us here are relevant,” Jaishankar said.

And, India’s long-standing ties with SCO members makes it particularly pertinent, he added.

“As a civilisational state, India strongly believes that people-to-people exchanges lie at the core of any genuine relationship. Facilitating greater interaction between our intellectuals, artists, sports people and cultural icons will pave the way for greater understanding across the SCO,” the external affairs minister said. (Agencies)

Delhiites woke up to another day of toxic air on Tuesday, with the national capital’s overall Air Quality Index (AQI) slipping into the ‘very poor’ category at 344, according to data released by the Central Pollution Control Board (CPCB).

Out of the 37 monitoring stations across the city, four recorded AQI levels in the ‘severe’ range:

• Bawana: 426
• Wazirpur: 412
• Jahangirpuri: 418
• Vivek Vihar: 402

The CPCB forecast indicates that the air quality is likely to remain in the ‘very poor’ category over the next few days due to unfavourable meteorological conditions.

As per CPCB standards, an AQI of:

0–50 is “good”,

51–100 “satisfactory”,

101–200 “moderate”,

201–300 “poor”,

301–400 “very poor”, and

401–500 “severe”.

Weather Update:

The city recorded a minimum temperature of 9.6°C, which is 2.7°C below the season’s average. The maximum temperature is expected to settle around 26°C.