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Rojer Mathew v. South Indian Bank Ltd. & Ors.

Civil Appeal · 2019 INSC 1236Decided 13 Nov 2019
Civil Appeal No. 8588 of 2019
Chief Justice Ranjan Gogoi · Justice N.V. Ramana · Dr. Justice D.Y. Chandrachud · Justice Deepak Gupta · Justice Sanjiv Khanna

Background

This judgment decides part of the case and refers the rest. A batch of petitions challenged Part XIV of the Finance Act, 2017, which restructured tribunals, and the 2017 Tribunal Rules framed under it. A central issue was whether Part XIV could be passed as a Money Bill.

Decision Breakdown

This is not a final judgment on every issue. The five-judge bench held that Section 184 of the Finance Act, 2017 is not void for excessive delegation, struck down the 2017 Tribunal Rules in their entirety and directed fresh rules, with interim arrangements until then. The question whether Part XIV was validly passed as a Money Bill was referred to a larger bench.

Lesson Learnt

The 2017 rules on tribunal appointments were struck down for undermining judicial independence. Whether the law could be passed as a Money Bill is still to be decided.

Official source (sci.gov.in)View Judgment (PDF)

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