R. Jayasimha Babu, J.

1. Apprehensive that the growing Tribunalisation of Justice in the country accompanied as it is, by the executive aggrendisement of the powers, inter alia , relating to composition, tenure of the Tribunals’ members and their selection, the powers of the President, etc., will result in the gradual erosion of judicial independence in the special areas for which the Tribunals are created, and will ultimately lead to Trivialisation of Justice, the Madras Bar Association, which is perhaps, the oldest Bar Association in the country, has, in this petition, questioned the constitutional validity of the amendment effected to the Companies Act by Companies (Second Amendment) Act, 2002 whereby provision is made for setting up of a National Company Law Tribunal (Tribunal) as also a National Company Law Appellate Tribunal, and to which Tribunal, the jurisdiction exercised by the High Court for nine decades in relation to, inter alia , amalgamation and reconstruction of companies, winding up, reduction of share capital, and other matters, are transferred.

2. The jurisdiction of the High Court transferred to the Tribunal are those under Sections 100 to 104, 107,