A bench comprising Chief Justice J S Khehar and Justices Dipak Misra and D Y Chandrachud asked the government to submit within four weeks its reply on plea challenging the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules.
The petition filed by Navdeep Singh, an advocate, gave the example of Armed Forces Tribunal (AFT) and alleged that as per the recently promulgated rules, it has been placed under the "complete hold" of the Ministry of Defence, which is the first opposite party in every litigation before the tribunal.
"In other words, the primary litigant in all lis (litigation) before the AFT is also its controlling authority and the said litigant gets to choose its adjudicators and also has a say in their reappointments," the petition filed through advocate Aishwarya Bhati said.
It has also sought a roadmap for reforming tribunals and returning certain jurisdictions back to the regular courts.
The petition further challenged the clause decreasing the tenure of members and lowering their status and a new provision allowing them to take up government employment after retirement from the tribunal, which was prohibited till now.
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