THE SUPREME COURT TODAY took strong exception to the Central government’s request to defer the hearing scheduled for Friday, November 7, on a batch of petitions — including one filed by the Madras Bar Association — challenging the constitutional validity of the Tribunal Reforms Act, 2021. The legislation enacted by parliament in August 2021, had dissolved several appellate tribunals and transferred their functions to High Courts.
Chief Justice of India B.R. Gavai, heading a Bench also comprising Justices K. Vinod Chandran and Vipul M. Pancholi, expressed sharp displeasure when Additional Solicitor General (‘ASG’) Aishwarya Bhati, appearing for the Centre, sought an adjournment on behalf of Attorney General R. Venkataramani, citing his preoccupation with an international arbitration.
Visibly irked and upset, the CJI remarked,
“We have accommodated him for so much time. We have accommodated him twice. This is not fair to the Court.”
Apparently exasperated by yet another request to delay proceedings, CJI Gavai observed, “If you want to keep it after November 24, you tell us frankly.”
The Chief Justice is due to retire on November 23, 2025, and will be succeeded by Chief Justice-designate Justice Surya Kant.
During the last hearing on November 3, Attorney General Venkataramani had suggested referring the constitutional challenge to a larger Bench. Questioning the move, CJI Gavai had pointedly asked whether this was a “ploy” to avoid his Bench.
When ASG Bhati proposed that the matter be taken up on Monday, November 10, the CJI responded sharply: “When do we write the judgment?”
He explained that the case had been fixed for Friday, November 7, specifically to allow the Bench time to write the judgment over the weekend.
Noting that the Union government is represented by a “battery of competent law officers” before the Supreme Court, CJI Gavai asked why another senior law officer could not appear in place of the Attorney General.
Having voiced its strong disapproval of the repeated adjournment requests, the Bench decided to proceed with the hearing. It asked senior advocate Arvind Datar, appearing for the Madras Bar Association, to present his arguments on Friday, November 7, while the Attorney General could address the Court on Monday, November 10.
However, CJI Gavai made it clear, “If he does not come, we will close the matter.”
