Lawstreet Journal

Arvind Datar to Supreme Court: Exclusion of Advocates for Appointment in Dispute Resolution Tribunal is Unconstitutional

Lawstreet Journal 5 Oct 2020 9:04pm

Image courtesy: Lawstreet Journal Judiciary Arvind Datar to Supreme Court: Exclusion of Advocates for Appointment in Dispute Resolution Tribunal is Unconstitutional

The Supreme Court on October 1, 2020, resumed the hearing on the plea filed by the Madras Bar Association which challenges the Tribunal Rules of 2020, on the ground that it is in the teeth of the principles of separation of power and independence of the judiciary. 

The 3-judge bench of justice L Nageswara Rao, Hemant Gupta, and Ravindra Bhat are hearing this matter and Arvind Datar Senior Advocate from the side of Madras Bar Association. He concluded his rejoinder submission on October 1, 2020. 

Mr. Arvind Datar said that Rule 9(2) of the impugned Rules which provides that the vice-chairman, vice-president, or other members of the tribunals shall hold office till the age of 65 years or for a term of 4 years, whichever is earlier. 

 

He said that "Out of the 19 tribunals, in all the 18, with the exception of the DRT, the Vice Chairman and the member can only be an HC judge. Now if a judge retires at the age of 62 years, then by virtue of this Rule, he would only get 3 years in office! Nobody is going to join prior to retirement. And it is not like the incumbent would assume office immediately upon selection in an instance the retired Allahabad High Court judge who has was elected lost almost nine-month in the modalities of receiving the appointment letter before he could join the office.....so this rule needs to be struck down.....the 2017 Rules granted tenure until the age of 67 years to the vice-chairman… Continue Reading...


Tagged: Supreme Court of India  
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