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july 2021

Supreme Court of India · 2021-07-14

MADRAS BAR ASSOCIATION vs UNION OF INDIA

Citation / case number
SC 2021/10688
Court
Supreme Court of India
Petitioner
MADRAS BAR ASSOCIATION
Respondent
UNION OF INDIA
Author
HON'BLE MR. JUSTICE L. NAGESWARA RAO
Bench
HON'BLE MR. JUSTICE L. NAGESWARA RAO, HON'BLE MR. JUSTICE HEMANT GUPTA, HON'BLE MR. JUSTICE S. RAVINDRA BHAT

Judgment text excerpt

The Supreme Court addressed the constitutionality of Sections 12 and 13 of the Tribunal Reforms Ordinance, 2021, and Sections 184 and 186(2) of the Finance Act, 2017, as amended. The court found these provisions to be violative of Articles 14, 21, and 50 of the Constitution, undermining the principles of separation of powers and judicial independence. Consequently, the court directed the establishment of a separate wing to address tribunal requirements in India.

MADRAS BAR ASSOCIATION vs UNION OF INDIA · Niyam