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  
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