Central Government amends Tribunal Rules: Advocate with 10 Years’ experience can be appointed as judicial members

Team SoOLEGAL 7 Jul 2021 12:42pm

Central Government amends Tribunal Rules: Advocate with 10 Years’ experience can be appointed as judicial members

The central Government while notifying new Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other conditions of service of members) Rules, 2020 allowed lawyers having 10 years of work experience to be judicial members of any tribunal. On June 30, 2021 Union Finance Ministry announced the amended rules and from then it has come into force.

The amendment clarified the meaning of Search-cum-Selection Committee the committee mentioned in sub-section (3) of section 184 of the Finance Act, 2017.

In November 2020, exclusion of lawyers as judicial member in 10 out of 19 tribunals, was held by the Supreme Court. This holding was in contrary to the judgements passed in  Union of India v. Madras Bar Association (2010) and Madras Bar Association v. Union of India. The court was of the opinion that, as only 10 years of experience is necessary to be appointed as a high court judge, it should be the same for appointment of a judicial member for a Tribunal so that the experience for bar and tribunals are on the correct footing.

The option to either avail accommodation provided by the central government or entitlement to house rents up to 1lakh 50 thousand per month for the Chairman, Chairperson, President, Vice Chairman, Vice Chairperson or Vice President were given. The Members and Presiding Offices were also given the same option but the rent allowance per month are limited to 1 lakh 25 thousand.

Further, through the new amendment changes were made in the Rules which specify the  qualification for appointment for the Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice-President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member of the Tribunal, Appellate Tribunal or any Authority. 

Tagged: Central Government   amends Tribunal Rules   Advocates   judicial members   Union Finance Ministry   Supreme Court   Union of India   Madras Bar Association   Expert Member   Law Member  
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