Whether Directions To Amend Tribunal Rules Are Akin To Directing Parliament To Legislate? Supreme Court Asks In Madras Bar Association Case
3 years, 6 months ago

Whether Directions To Amend Tribunal Rules Are Akin To Directing Parliament To Legislate? Supreme Court Asks In Madras Bar Association Case

Live Law  

The Supreme Court on Thursday considered whether directions issued by it to the Centre to amend the Rules framed by it are akin to directing the Parliament to legislate in a particular manner, thereby denuding the Parliament of its power to make law. This was followed by the impugned Ordinance of 2021 introducing a minimum age limit of 50 years for appointment as Tribunal Members; fixing their term as 4 years as against the 5 required by the SC; re-introducing the idea of a panel of two names being recommended by the Search Cum Selection Committee ; diluting the SC direction by saying that the Central Government should make appointments "preferably within 3 months"; etc. When senior advocate Arvind Datar was making his rejoinder submissions for the petitioner-organisation, Justice Gupta asked him, "In the writ petition filed to challenge the 2020 Rules, what was the relief claimed?" In response, Mr. Datar advanced, "Chief Justice P. N. Bhagwati had said that it would take the person being appointed 2 years to only understand the service law and the functioning of the Tribunal. Mr. Datar's rejoinder Mr. Datar advanced that he is not saying that there is something wrong with a tenure of 4 years, but he insisted, that there should be a factual basis for the same also, like the Supreme Court has successively from Sampath Kumar to R. Gandhi to Roger Mathews to the 2020 judgment has offered for the tenure of 5 years.

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History of this topic

Challenge To Tribunals Reforms Act 2021 : Supreme Court Asks Centre To File Counter-Affidavit By Next Week
3 years, 3 months ago

Challenge To Tribunals Reforms Act 2021 : Supreme Court Asks Centre To File Counter-Affidavit By Next Week

Live Law  

The Supreme Court on Wednesday asked the Central Government to file its counter-affidavit next week in the petitions challenging the Tribunals Reforms Act 2021.A special bench comprising Chief Justice of India NV Ramana, Justice DY Chandrachud and Justice L Nageswara Rao was hearing the writ petitions filed by Madras Bar Association and Congress MP Jairam Ramesh.Attorney General for India. The …

'You Can't Enact A Law Contrary To A Judgment' : Supreme Court Issues Notice On Jairam Ramesh's Plea Challenging Tribunals Reforms Act
3 years, 3 months ago

'You Can't Enact A Law Contrary To A Judgment' : Supreme Court Issues Notice On Jairam Ramesh's Plea Challenging Tribunals Reforms Act

Live Law  

The Supreme Court on Monday issued notice on a writ petition filed by Congress MP Jairam Ramesh challenging the recently passed Tribunals Reforms Act 2021.While issuing notice, a special bench comprising Chief Justice of India NV Ramana, Justice DY Chandrachud and Justice L Nageswara Rao commented that the said Act is a "virtual replica of the provisions struck down in …

Tribunals Reforms Ordinance : Supreme Court Strikes Down Provisions Fixing Term Of Members As 4 Years
3 years, 5 months ago

Tribunals Reforms Ordinance : Supreme Court Strikes Down Provisions Fixing Term Of Members As 4 Years

Live Law  

The Supreme Court on Wednesday by 2 :1 majority set aside the provisions in the Tribunals Reforms Ordinance 2021 which fixed the term of members of various tribunals as four yearsThe majority comprising Justices L Nageswara Rao and S Ravindra Bhat held that this term violated the express direction given in the earlier judgments in Rojer Mathew and Madras Bar …

Advocates With Ten Years Experience Can Be Appointed As Judicial Members Of Various Tribunals: Centre Amends Tribunal Rules
3 years, 5 months ago

Advocates With Ten Years Experience Can Be Appointed As Judicial Members Of Various Tribunals: Centre Amends Tribunal Rules

Live Law  

The Central Government has amended the Tribunal, Appellate Tribunal and other Authorities Rules, 2020 enabling appointment of Advocates with ten years experience as Judicial Members of various Tribunals.The Amendment was notified yesterday and has come into force. Income-tax Appellate Tribunal under the Income tax Act, 1961 A person shall not be qualified for appointment as a Judicial Member, unless,–– he …

Madras Bar Association Moves Supreme Court Challenging Tribunals Reforms Ordinance 2021
3 years, 8 months ago

Madras Bar Association Moves Supreme Court Challenging Tribunals Reforms Ordinance 2021

Live Law  

The Madras Bar Association has filed a writ petition in the Supreme Court challenging the Tribunals Reforms Ordinance 2021, to the extent it amends Sections 184 and 186 of the Finance Act 2017.Sections 184 and 186 of the Finance Act 2017 give Central Government rule-making power in relation to the mode of appointment, terms of service, allowances. The Madras Bar …

Tribunals Reforms Ordinance : Certain Points Of Concern
3 years, 8 months ago

Tribunals Reforms Ordinance : Certain Points Of Concern

Live Law  

Adding another episode to its attempts to overhaul the Tribunal system in the country, the Union Government recently brought the The Ordinance, promulgated by the President on April 5, follows the Rules made by the Centre in 2017 and 2020, which came under severe criticism from the Supreme Court. In November last year, the Supreme Court, finding several faults with …

Govt issues Tribunals Reforms Ordinance
3 years, 8 months ago

Govt issues Tribunals Reforms Ordinance

The Hindu  

The government has issued an ordinance which does away with certain appellate tribunals, including the Film Certification Appellate Tribunal set up to hear appeals of filmmakers, and transfers their functions to other existing judicial bodies. It has made amendments to the Cinematograph Act, Copyright Act, Customs Act, Patents Act, Airports Authority of India Act, Trade Marks Act, Geographical Indications of …

National Tribunals Commission Will Improve Effective Functioning & Enhance Public Image Of Tribunals : Supreme Court
4 years ago

National Tribunals Commission Will Improve Effective Functioning & Enhance Public Image Of Tribunals : Supreme Court

Live Law  

The Supreme Court on Friday, while issuing a slew of directions to the Centre to amend the Tribunal Rules, 2020, directed the Union of India to constitute a National Tribunals Commission to supervise the appointments and functioning of Tribunals. The Court took into account the suggestion of Senior Advocate Arvind P. Datar, the Amicus Curiae, that setting up a National …

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