ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

A+| A| A-

Money Bills and the Future of the Rajya Sabha

.

In Rojer Mathew v South Indian Bank Ltd (2019),1 the constitution bench of the Supreme Court, in its judgment delivered on 13 November 2019, struck down the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017 (the “tribunal rules”) in their entirety on the grounds of these being unconstitutional and contrary to the law laid down by the Supreme Court on the question of tribunals.

This is not the first time that the Supreme Court has struck down a law related to tribunals in its entirety. In 2015, the Supreme Court struck down the National Tax Tribunal Act, 2005 on similar grounds (Madras Bar Association v Union of India 2015). Governments’ efforts to tribunalise the judiciary and bring it closer to executive control have been the subject of long and bitter litigation (Ghosh et al 2018) and the Rojer Mathew case adds another chapter to the same.

Dear reader,

To continue reading, become a subscriber.

Explore our attractive subscription offers.

Click here

Updated On : 24th Nov, 2019

Comments

(-) Hide

EPW looks forward to your comments. Please note that comments are moderated as per our comments policy. They may take some time to appear. A comment, if suitable, may be selected for publication in the Letters pages of EPW.

Back to Top