Jairam Ramesh Moves SC Against Diluting Of Rules On Appointments To Tribunals, Including NGT [Read Petition]
7 years, 7 months ago

Jairam Ramesh Moves SC Against Diluting Of Rules On Appointments To Tribunals, Including NGT [Read Petition]

Live Law  

Congress MP Jairam Ramesh on Friday again moved the Supreme Court challenging the provisions of the Finance Act, 2017, which confers “uncanalised power on Central government” to provide for qualifications and conditions of service of members of various tribunals, especially the National Green Tribunal.In the petition, Ramesh challenged sections 182, 183, 184 and 185 of the Finance Act,. Congress MP Jairam Ramesh on Friday again moved the Supreme Court challenging the provisions of the Finance Act, 2017, which confers “uncanalised power on Central government” to provide for qualifications and conditions of service of members of various tribunals, especially the National Green Tribunal. In the petition, Ramesh challenged sections 182, 183, 184 and 185 of the Finance Act, 2017, as well as rules framed under section 184 referred to as the Tribunal, Appellate Tribunal and other Authorities Rules, 2017. The petition stated: “Section 184 confers upon the Central government uncanalised and unguided power to make rules to provide for qualifications, appointment, term of office, salary and allowances, resignation, removal and other terms and conditions of service of chairperson and other members of tribunal, appellate tribunal and other authorities specified in eighth schedule of the Act.” He said section 184 “suffers from vice of excessive delegation”.

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History of this topic

Money Bill, AMU’s minority status, Quota within quota: The cases before the new CJI-led seven-judge Constitution Bench | Explained
1 year, 5 months ago

Money Bill, AMU’s minority status, Quota within quota: The cases before the new CJI-led seven-judge Constitution Bench | Explained

The Hindu  

The story so far: A Bench led by Chief Justice of India D.Y. Other cases pertain to the contentious issue of the minority status of the Aligarh Muslim University, the passage of crucial laws such as the Aadhaar Act as a ‘Money Bill’, re-distribution of quota within the Scheduled Caste reservation on the basis of backwardness of communities, freedom of …

S. 124 of Finance Act, 2019 Not Violative of Article 14: Punjab & Haryana High Court
2 years, 1 month ago

S. 124 of Finance Act, 2019 Not Violative of Article 14: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has upheld the constitutional validity of Sections 124 and 130 of the Finance Act, 2019, which deal with the ‘Vivad se Vishwas Scheme’, dismissing the contention that the said provisions were violative of Article 14 of the Constitution of India since they deny refund to the assessee/ declarant even if the amount already deposited …

Challenge To Tribunals Reforms Act 2021 : Supreme Court Asks Centre To File Counter-Affidavit By Next Week
3 years, 6 months ago

Challenge To Tribunals Reforms Act 2021 : Supreme Court Asks Centre To File Counter-Affidavit By Next Week

Live Law  

The Supreme Court on Wednesday asked the Central Government to file its counter-affidavit next week in the petitions challenging the Tribunals Reforms Act 2021.A special bench comprising Chief Justice of India NV Ramana, Justice DY Chandrachud and Justice L Nageswara Rao was hearing the writ petitions filed by Madras Bar Association and Congress MP Jairam Ramesh.Attorney General for India. The …

'You Can't Enact A Law Contrary To A Judgment' : Supreme Court Issues Notice On Jairam Ramesh's Plea Challenging Tribunals Reforms Act
3 years, 6 months ago

'You Can't Enact A Law Contrary To A Judgment' : Supreme Court Issues Notice On Jairam Ramesh's Plea Challenging Tribunals Reforms Act

Live Law  

The Supreme Court on Monday issued notice on a writ petition filed by Congress MP Jairam Ramesh challenging the recently passed Tribunals Reforms Act 2021.While issuing notice, a special bench comprising Chief Justice of India NV Ramana, Justice DY Chandrachud and Justice L Nageswara Rao commented that the said Act is a "virtual replica of the provisions struck down in …

[Tribunals- Day-2] If Your Lordships Finds Speaker's Certificate Invalid, Whole Finance Act With Amendments To All Statutes Will Go":AG
5 years, 11 months ago

[Tribunals- Day-2] If Your Lordships Finds Speaker's Certificate Invalid, Whole Finance Act With Amendments To All Statutes Will Go":AG

Live Law  

In his turn, Attorney General K. K. Venugopal on Thursday defended the passage of the Finance Act of 2017 as a Money Bill in circumvention of the Rajya Sabha. The certification of the Speaker is not for any part of the Act but for the entire Finance Bill.Suppose a situation arises that the Rajya Sabha is unable to pass the …

Delhi HC Dismisses Jairam Ramesh's Challenge To Amendments In PMLA Through Money Bill [Read Order]
6 years ago

Delhi HC Dismisses Jairam Ramesh's Challenge To Amendments In PMLA Through Money Bill [Read Order]

Live Law  

The Delhi High Court on Thursday dismissed a petition moved by Congress MP Jairam Ramesh challenging the amendments made to the anti-money laundering law since 2015 enacted via Finance Acts as 'Money Bills. A bench of Chief Justice Rajendra Menon and Justice V Kameswar Rao dismissed Ramesh's petition seeking to declare and set aside sections 145, 146, 147, 148, 149, …

SC Issues Notice On All India Lawyers Union’s Petition Against Diluting Finance Act Provisions On Tribunals, Including NGT
7 years, 6 months ago

SC Issues Notice On All India Lawyers Union’s Petition Against Diluting Finance Act Provisions On Tribunals, Including NGT

Live Law  

The Supreme Court, on Monday, issued notice on the Writ Petition filed by the All India Lawyers Union that has challenged the provisions of the Finance Act, 2017 which confer “unanalyzed and uncontrolled power to the executive” to provide for qualifications and conditions of service of members of various tribunals, especially the National Green Tribunal.The Petition challenges Sections 182. The …

All India Lawyers Union Petitions SC Against Diluting Finance Act Provisions On Tribunals, Including NGT [Read Petition]
7 years, 7 months ago

All India Lawyers Union Petitions SC Against Diluting Finance Act Provisions On Tribunals, Including NGT [Read Petition]

Live Law  

The All India Lawyers Union has Petitioned the Supreme Court, challenging the provisions of the Finance Act, 2017 which confer “unanalyzed and uncontrolled power to the executive” to provide for qualifications and conditions of service of members of various tribunals, especially the National Green Tribunal.It challenges Sections 182 to 185 of the Finance Act, 2017 and the Rules framed. The …

All India Lawyers Union Petitions SC Against Diluting Finance Act Provisions On Tribunals, Including NGT [Read Petition]
7 years, 7 months ago

All India Lawyers Union Petitions SC Against Diluting Finance Act Provisions On Tribunals, Including NGT [Read Petition]

Live Law  

The All India Lawyers Union has Petitioned the Supreme Court, challenging the provisions of the Finance Act, 2017 which confer “unanalyzed and uncontrolled power to the executive” to provide for qualifications and conditions of service of members of various tribunals, especially the National Green Tribunal.It challenges Sections 182 to 185 of the Finance Act, 2017 and the Rules framed. The …

Jairam Ramesh Moves SC Against Diluting Of Rules On Appointments To Tribunals, Including NGT [Read Petition]
7 years, 7 months ago

Jairam Ramesh Moves SC Against Diluting Of Rules On Appointments To Tribunals, Including NGT [Read Petition]

Live Law  

Congress MP Jairam Ramesh on Friday again moved the Supreme Court challenging the provisions of the Finance Act, 2017, which confers “uncanalised power on Central government” to provide for qualifications and conditions of service of members of various tribunals, especially the National Green Tribunal.In the petition, Ramesh challenged sections 182, 183, 184 and 185 of the Finance Act,. Congress MP …

How The Finance Act 2017 Cripples National Green Tribunal(NGT)
7 years, 8 months ago

How The Finance Act 2017 Cripples National Green Tribunal(NGT)

Live Law  

Background In 2010, the Parliament enacted the National Green Tribunal Act and the National Green Tribunal started functioning from 2011. Section 184 of the Finance Act, 2017 specifically provides: “184 The Central Government may, by notification, make rules to provide for qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of …

Any Appointments to 19 Tribunals Under Finance Act Would be Subject to Outcome of Challenge: Madras HC
7 years, 8 months ago

Any Appointments to 19 Tribunals Under Finance Act Would be Subject to Outcome of Challenge: Madras HC

Live Law  

The Madras High Court on Wednesday reportedly observed that all appointments to the 19 odd tribunals, under the purview of the impugned Finance Act and Rules, would be subject to the final order in the writ petition filed by the Madras Bar Association.The Bench comprising Chief Justice Indira Banerjee and Justice Bhavani Subbarayan, however, refused to stay the provisions. The …

Any Appointments to 19 Tribunals Under Finance Act Would be Subject to Outcome of Challenge: Madras HC
7 years, 8 months ago

Any Appointments to 19 Tribunals Under Finance Act Would be Subject to Outcome of Challenge: Madras HC

Live Law  

The Madras High Court on Wednesday reportedly observed that all appointments to the 19 odd tribunals, under the purview of the impugned Finance Act and Rules, would be subject to the final order in the writ petition filed by the Madras Bar Association.The Bench comprising Chief Justice Indira Banerjee and Justice Bhavani Subbarayan, however, refused to stay the provisions. The …

Petition Filed In Madras HC Challenging Tribunal Provisions Of Finance Act, Notice Issued [Read Petition]
7 years, 9 months ago

Petition Filed In Madras HC Challenging Tribunal Provisions Of Finance Act, Notice Issued [Read Petition]

Live Law  

The High Court of Madras on Friday issued notice to the Central Government on a Petition challenging Sections 156 to 189 of the Finance Act, 2017 and the Tribunal, Appellate and other Authorities Rules, 2017. The notice was issued by a Bench comprising Chief Justice Indira Banerjee and Justice M. Sundar.Sections 156 to. The Rules have, therefore, been challenged on …

Fali Nariman, others write to Hamid Ansari on Finance Bill classification
7 years, 11 months ago

Fali Nariman, others write to Hamid Ansari on Finance Bill classification

Live Mint  

New Delhi: A group of eminent citizens, including noted jurist Fali S. Nariman, has written to vice president Hamid Ansari expressing concern over classification of the Finance Bill, 2017, as a money bill. The Finance Bill, 2017, includes 40 amendments to a number of Acts which have “far-reaching” consequences for not only several laws but the very nature of Indian …

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