Lawstreet Journal

Supreme Court Upholds the Validity of The Tribunal Rules 2020

Lawstreet Journal 27 Nov 2020 10:11pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court Upholds the Validity of The Tribunal Rules 2020

The Madras Bar Association by way of writ petition in the Supreme Court has challenged the rules formulated in February 2020 known as the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020 (The Tribunal Rules 2020).

The petition stated that the Tribunal Rules 2020 should be struck down as it poses a threat to Articles 14 (right to equality of law) and 21 (right to life) for being arbitrary and unreasonable against the principles of Separation of powers and independence of judiciary, and is in contravention of previous decisions of the Supreme Court,particularly the one in Rojer Mathew v. South Indian Bank Ltd.

Earlier on 9th October, 2020, the bench when reserving the matter for judgment clarified that whenever the term of any Chairperson, Vice-Chairperson or members of the Tribunal is expiring, the same stands extended till December 12, 2020.

The division bench comprising Justices L Nageswara Rao, Hemant Gupta and S Ravindra Bhat, directed the Central Government to constitute a National Tribunal Commission for the appointment of members in various Tribunals.

The most significant directions given by the bench are following

  1. Till the constitution of the National Tribunals Commission, a separate wing should be established at the Ministry of Finance to cater to the requirements of tribunals.
  2. Advocates with experience of 10 years will be eligible for appointment as judicial members in tribunals. Members of Indian Legal Service will also be eligible for appointment as judicial members provided they fulfill the same criteria as advocates.
  3. The Chief Justice of India… Continue Reading...

    Tagged: Supreme Court of India  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 2 NO 0
×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com