2025 (9) TMI 5 - SCH - Law of Competition

Petition under Article 32 dismissed; challenges to Finance Act 2017, Article 110 money-bill claim and Section 184 rejected

The SC dismissed the writ petition under Article 32, declining to entertain challenges to the Finance Act, 2017 concerning appointments to Debt Recovery ... Constitutional spirit of judicial independence - appointments to the Debt Recovery Tribunals - constitutionality of the Finance Act, 2017 - satisfaction of test of a ‘money bill’ under Article 110 of the Constitution - Competence of selection committee - validity of section 184 of the Finance Act, 2017 - doctrine of pith and substance - doctrine of separation of powers - principles of severability - HELD THAT:- It is not inclined to entertain this writ petition under Article 32 of the Constitution of India; the writ petition is dismissed. 'We are not inclined to entertain this writ petition under Article 32 of the Constitution of India; the writ petition is dismissed.' The Court dismissed the Article 32 petition but noted that similar issues are pending in Civil Appeal No. 8588 of 2019 before a Constitution Bench. It held that the petitioner(s) may 'intervene in such proceedings' or 'invoke writ remedy before the jurisdictional High Court under Article 226 of the Constitution of India, if so advised.' Pending application(s), if any, were directed to 'stand disposed of.' The Order therefore denies relief under Article 32, preserves the petitioner's right to pursue remedies either by intervention in the ongoing Civil Appeal before the Constitution Bench or by seeking relief under Article 226 in the High Court, and disposes of ancillary applications.