Amid Stand Off With Supreme Court, Centre Notifies Tribunal (Conditions of Service) Rules, 2021

The Central Government has notified the Tribunal (Conditions of Service) Rules, 2021.The Rules, made invoking the powers under section 3 of the Tribunals Reforms Act 2021, are in supersession of the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020.Save as provided in these rules, they shall come into force on the date of their publication in the Official Gazette, the Rules read.Pertinently, this notification comes at a time when the Centre is facing harsh criticism from the Supreme Court over the delay in filling up of the vacancies in Tribunals. The court had also expressed its displeasure for passing the Tribunals Reforms Act, which the Court termed a "virtual replica of the provisions struck down by the Court".Earlier today, the court, while hearing a case dealing with termination of the services of Justice Ashok Iqbal Singh Cheema as the Acting Chairperson of the National Company Law Appellate Tribunal, orally remarked that it will suo motu stay the Tribunals Reforms Act 2021. The Court also asked the Central Government to file its counter-affidavit next week in the petitions challenging the Tribunals Reforms Act 2021.The Rules prescribes the following qualifications required for Chairman/Members of various Tribunals.Tribunals under the Administrative Tribunal Act, 1985Chairman: He, – (i) is, or has been, a Judge of a High Court; or (ii) has, for a period of not less than three years, held office as Administrative Member or Judicial Member in the Central Administrative Tribunal.Judicial Member: he (i) is, or has been, a Judge of a High Court; or (ii) has held the post of Additional Secretary to the Government of India or any equivalent or higher post in the Department of Legal Affairs or the Legislative Department including Member– Secretary, Law Commission of India; or (iii) has, for a combined period of ten years, been a District Judge and Additional District Judge; or (iv) has, for ten years, been an advocate with substantial experience in litigation in service matters in Central Administrative Tribunal, Armed Forces Tribunal, High Court or Supreme Court.Administrative Member: he has held the post of Additional Secretary to the Government of India or any other post under the Central Government or a State Government and carrying the scale of pay which is not less than that of an Additional Secretary to the Government of India: Provided that the officers belonging to the All-India services who were or are on Central deputation to a lower post shall be deemed to have held the post of Additional Secretary from the date such officers were granted proforma promotion or actual promotion whichever is earlier to the level of Additional Secretary and the period spent on Central deputation after such date shall count for qualifying service for the purpose of this clause.Industrial Tribunal Presiding Officer: he,- (a) is, or has been, a Judge of a High Court; or (b) has, for a combined period of ten years, been a District Judge and Additional District Judge. Income-tax Appellate Tribunal(a) President shall be a sitting or retired Judge of a High Court and who has completed not less than seven years of service as a Judge in a High Court or Vice-President of the Income-tax Appellate Tribunal; (b) Vice-President shall be a Member of Tribunal (c) Judicial Member, should have (i) for a combined period of ten years, been a District Judge and Additional District Judge; or (ii) he has been a member of the Indian Legal Service with ten years of experience in litigation and has held a post of Additional Secretary or any equivalent or higher post for two years; or (iii) he has been an advocate for ten years with substantial experience in litigation under Income-tax laws in Income-tax Appellate Tribunal, High Court or Supreme Court; (d) Accountant Member, –– if he (i) he has for twenty-five years been in the practice of accountancy,— (A) as a chartered accountant under the Chartered Accountants Act, 1949 (38 of 1949); or (B) as a registered accountant under any law formerly in force; or partly as such registered accountant and partly as a chartered accountant; or (ii) he has been a member of the Indian Revenue Service (Income-tax Service Group 'A') and has held the post of Principal Commissioner of Income TaxCustoms, Excise and Service Tax Appellate Tribunal President: (i) he is, or has been, a Judge of a High Court and who has completed not less than seven years of service as a Judge in a High Court; or (ii) he is the member of the Appellate Tribunal; Judicial Member: (i) he has, for a combined period of ten years, been a District Judge and Additional District Judge; or (ii) he has been a member of the Indian Legal Service with ten years of experience in litigation and has held a post of Additional Secretary or any equivalent or higher post for two years; or (iii) he has been an advocate for ten years with substantial experience in...

Amid Stand Off With Supreme Court, Centre Notifies Tribunal (Conditions of Service) Rules, 2021

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