Merger of tribunals in Finance Bill challenged in Bombay High Court

A petition challenging the constitutional validity of Sections 156 to 189 of Finance Act, 2017 has been filed in the Bombay High Court.

The division bench comprising Chief Justice Manjula Chellur and Justice NM Jamdar today issued notice to the Union of India while hearing a Public Interest Litigation (PIL) filed by a group called Tax Friends Association.

It is claimed in the PIL that the sections 156-189 of Finance Act, 2017 and the rules violate the basic structure of the construction and the issue goes down to the roots of separation of power while impairing the independence of judiciary.

The PIL also claims that the government has abused the provisions of the Constitution relating to 'Money Bills' and has taken the backdoor to bypass the Rajya Sabha thereby committing a fraud upon the Constitution of India.

Senior advocate Vikram Nankani and advocate Kunal Katariya, representing the petitioners, told the court that the PIL also challenges the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other conditions of Service of Members) Rules, 2017.

Additional Solicitor General of India Anil Singh appeared for the Union Government and sought time to file the reply. The court granted Singh 8 weeks to file the reply.

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