Govt. Seized Of Your Lordships' Judgment & Will Be Amending 2020 Tribunal Rules At Earliest: Attorney General Tells Supreme Court

AG K. K. Venugopal on Wednesday informed the Supreme Court that the government of India shall amend its Tribunal, Appellate Tribunal and other Authorities [Qualification, Experience and Other Conditions of Service of Members] Rules, 2020 at the earliest to bring them in conformity with the November 27 judgment.The bench headed by Justice L. Nageswara Rao was hearing the writ petition by NCLT and Appellate Tribunal Bar Association seeking a direction for extension of the tenure of Mr.B.S.V.Prakash Kumar as acting President of NCLT, Delhi till the regular President is appointed. The AG informed the bench that the tenure of Mr. Kumar has been extended for a period of one month from 5.12.2020. He further submitted that a request has been made to Chief Justice of India for nomination of suitable candidate for appointment of President, NCLT by the concerned Ministry."As regards the vacancies which still exist, the Search-cum-Selection Committee will be brought into existence straight-away, the nominations will be made in time and the Cabinet will also act within the time as per Your Lordships directions", assured the AG. "The government is seized of Your Lordships' judgment and it will be amending the Rules as soon as possible. We have sent the requirements...so that the appointments are effective and yield results for the future", advanced the AG.In its judgment dated November 27, a three-judge bench headed by Justice Rao had observed, "It has been brought to our notice that there are a large number of unfilled vacancies hampering the progress of the functioning of the Tribunals. The pendency of cases in the Tribunals is increasing mainly due to the lack of personnel in the Tribunals which is due to the delay in filling up the vacancies as and when they arise due to the retirement of the members. There is imminent need for expediting the process of selections and appointments to ensure speedy justice"The bench had, therefore, directed that the Government of India shall make the appointments to the Tribunals within three months after the Search-cum-Selection Committee completes the selection and makes its recommendations.In the said judgment, the Supreme Court directed the Central Government to constitute a National Tribunal Commission for the appointment of members in various Tribunals. Till the constitution of the National Tribunal Commission, a separate wing in the Ministry of Finance should be formed to cater to the needs of the Tribunals, ordered a bench comprising Justices Rao, Hemant Gupta and Ravindra Bhat. The Court also directed the Centre to amend the rules to make advocates with 10 years practice eligible for appointment as judicial members in TribunalsThe Bench has pronounced the Judgment in a batch of petitions challenging the constitutionality of the 'Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020 ('Tribunal Rules 2020)'.The lead petition was filed by the Madras Bar Association.The Court has issued several directions to the Central Government to amend the Tribunal Rules to ensure independence and efficiency of Tribunals.DirectionsNational Judicial CommissionThe Union of India shall constitute a National Tribunals Commission which shall act as an independent body to supervise the appointments and functioning of Tribunals, as well as to conduct disciplinary proceedings against members of Tribunals and to take care of administrative and infrastructural needs of the Tribunals, in an appropriate manner. Till the National Tribunals Commission is constituted, a separate wing in the Ministry of Finance, Government of India shall be established to cater to the requirements of the Tribunals.Constitution of Search cum Selection committee changedInstead of the four-member Search-cum-Selection Committees provided for in Column (4) of the Schedule to the 2020 Rules with the Chief Justice of India or his nominee, outgoing or sitting Chairman or Chairperson or President of the Tribunal and two Secretaries to the Government of India, the Search-cum-Selection Committees should comprise of the following members :a)The Chief Justice of India or his nominee—Chairperson (with a casting vote).(b)The outgoing Chairman or Chairperson or President of the Tribunal in case of appointment of the Chairman or Chairperson or President of the Tribunal (or) the sitting Chairman or Chairperson or President of the Tribunal in case of appointment of other members of the Tribunal (or) a retired Judge of the Supreme Court of India or a retired Chief Justice of a High Court in case the Chairman or Chairperson or President of the Tribunal is not a Judicial member or if the Chairman or Chairperson or President of the Tribunal is seeking re-appointment—member;(c)Secretary to the Ministry of Law and Justice, Government of India—member;(d)Secretary to the Government of India from a department other than the parent or sponsoring department, nominated by ...

Govt. Seized Of Your Lordships' Judgment & Will Be Amending 2020 Tribunal Rules At Earliest: Attorney General Tells Supreme Court

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