Supreme Court Directs To Constitute National Tribunal Commission For Appointments To Tribunals, Lawyers With 10Yrs Practice Eligible For Appointment As Judicial Members

[Updated with judgment]In a notable judgment, the Supreme Court on Friday 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 L Nageswara Rao, Hemant Gupta and S 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 Tribunals.The 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 the Cabinet Secretary—member;(e)Secretary to the sponsoring or parent Ministry or Department—Member Secretary/Convener (without a vote). Till amendments are carried out, the 2020 Rules shall be read in the manner indicated.Recommendation of one name instead of a panel of three namesRule 4(2) of the 2020 Rules shall be amended to provide that the Search-cum-Selection Committee shall recommend the name of one person for appointment to each post instead of a panel of two or three persons for appointment to each post. Another name may be recommended to be included in the waiting list.Term increasedThe Chairpersons, Vice-Chairpersons and the members of the Tribunal shall hold office for a term of five years and shall be eligible for reappointment. Rule 9(2) of the 2020 Rules shall be amended to provide that the Vice-Chairman, Vice-Chairperson and Vice President and other members shall hold office till they attain the age of sixty-seven yearHousing/allowances to ChairpersonsThe Union of India shall make serious efforts to provide suitable housing to the Chairman or Chairperson or President and other members of the Tribunals. If providing housing is not possible, the Union of India shall pay the Chairman or Chairperson or President and Vice-Chairman, Vice-Chairperson, Vice President of the Tribunals an amount of Rs. 1,50,000/-per month as house rent allowance and Rs. 1,25,000/-per month for other members of the Tribunals. This direction shall be effective from 01.01.2021.Advocates with 10 years practice made eligible for appointmentThe 2020 Rules shall be amended to make advocates with an experience of at least 10 years eligible for appointment as judicial members in the Tribunals. While considering advocates ...

Supreme Court Directs To Constitute National Tribunal Commission For Appointments To Tribunals, Lawyers With 10Yrs Practice Eligible For Appointment As Judicial Members

Manu Sebastian

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