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2021 Supreme(SC) 320

L. NAGESWARA RAO, HEMANT GUPTA, S. RAVINDRA BHAT
Madras Bar Association – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
For the parties :K.K. Venugopal, Ld. Balbir Singh, Ld. R. Balasubramanium, Zoheb Hossain, Shradha Deshmukh, Chinmayee Chandra, Shyam Gopal, Ankur Talwar, Suhasini Sen, Gurmeet Singh Makker, Anil Katiyar, Advocates

JUDGMENT :

L. NAGESWARA RAO, J.

1. The Madras Bar Association has filed this Writ Petition seeking a declaration that Sections 12 and 13 of the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 and Sections 184 and 186 (2) of the Finance Act, 2017 as amended by the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 as ultravires Articles 14, 21 and 50 of the Constitution of India inasmuch as these are violative of the principles of separation of powers and independence of judiciary, apart from being contrary to the principles laid down by this Court in Union of India v. R.Gandhi, President, Madras Bar Association, (2010) 11 SCC 1, Madras Bar Association v. Union of India & Anr., (2014) 10 SCC 1, Rojer Mathew v. South Indian Bank Limited & Ors., (2020) 6 SCC 1 and Madras Bar Association v. Union of India & Anr., (2020) SCC Online SC 962. The Petitioner seeks a further direction to Respondent No.2 for establishment of a separate wing to cater to the requirements of tribunals in India.

2. A brief reference to the historical background of tribunalisation in this country is necessary for a better appreciation of the dispute that falls fo


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