To this, Venugopal responded that he would seek instructions on the suggestion and reply by December 11
The Centre on Friday submitted that it might look into the possibility of amending the Finance Act to include a nominee for the Chief Justice of India on the selection and disciplinary committee for administrative members in the tribunals.
According to the provisions of the Finance Act, 2017 that was passed earlier this year, the judiciary will no longer play a role in the selection of chairpersons on tribunals that are largely made up of retired judges from the higher judiciary.
The act, which the Lok Sabha passed as a money bill, scrapped eight of the 19 tribunals and merged the rest with existing ones.
Attorney General KK Venugopal made this submission when the Supreme Court expressed its concern over the rising vacancies in the Central Administrative Tribunal (CAT) and the National Consumer Disputes Redressal Commission (NCDRC).
Venugopal added that the Centre was also willing to look into suggestions made by Chief Justice of India Dipak Misra on fixing the tenure of judicial members of a tribunal for five years.
The apex court bench that also comprised Justices AM Khanwilkar and DY Chandrachud advised the Centre to consider, as a temporary measure, extending the tenure of judicial members of CAT and National Consumer Commission for the next three months.
To this, Venugopal responded that he would seek instructions on the suggestion and reply by December 11.
The top court was hearing a batch of pleas that challenged the constitutional validity of the Finance Act, specifically pertaining to the 'Tribunals, Appellate Tribunals and Other Authorities (qualifications, experience and other conditions of service of members) Rules, 2017'.
Senior advocate PS Patwalia submitted that the NCDRC and the CAT, which were already functioning with depleted strength, would be further weakened when members retired by the end of January, 2018.
The Court went on to record the same before ordering, "In view of the nature of function of the tribunals, we enquired from the learned Attorney General whether it will be in the fitness of things to allow the adjudicator who are continuing in these two tribunals for a period of three months so that things can be brought under control. Learned Attorney General prays for time till 11th December, 2017, to obtain instruction for the said purpose. Be it noted, our suggestion is only in respect of NCDRC and CAT and nothing more."
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