[2020 Tribunal Rules] AG Defends Exclusion Of Advocates From Appointment To Single-Member Tribunals, SC Reserves Judgment [Read Order]
4 years, 5 months ago

[2020 Tribunal Rules] AG Defends Exclusion Of Advocates From Appointment To Single-Member Tribunals, SC Reserves Judgment [Read Order]

Live Law  

The Supreme Court on Friday reserved judgment on the plea by the Madras Bar Association challenging the Tribunal Rules of 2020, on the grounds that it is in the teeth of the principles of separation of power and independence of judiciary. "A tenure of three years may be suitable for a retired Judge of High Court or the Supreme Court or even in case of a judicial officer on deputation. However, it will be illusory to expect a practising advocate to forego his well-established practice to serve as a Member of a Tribunal for a period of three years.In the light of the discussion as aforesaid, we hold that the Rules would require a second look since the extremely short tenure of the Members of Tribunals is anti-merit and has the effect of discouraging meritorious candidates to accept posts of Judicial Members in Tribunals", he recited from the 2019 judgment. Otherwise, the advocates who are being recruited as members would also demand a house, car etc same as the retired HC judge.though they will be treated with respect, they are as good as advocates now.even if it is a retired SC judge, his decisions would be subject to judicial review by a division bench of the HC", submitted the AG. So even a ADJ with sufficient experience can be considered.So far as the Industrial tribunals are concerned, the Industrial Disputes Act itself calls for a retired DJ or a HC judge", pressed the AG.

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History of this topic

Supreme Court Raises Concerns At Tribunal Benches Being Presided By Non-Judicial Members, Seeks AG's Response
1 year, 1 month ago

Supreme Court Raises Concerns At Tribunal Benches Being Presided By Non-Judicial Members, Seeks AG's Response

Live Law  

In a crucial development, the Supreme Court today took up for consideration the issue as to whether Tribunals/Commissions across the country, like the National Consumer Disputes Redressal Commission shall comprise of a Judicial Member, who shall also be the Presiding Member.Yesterday, the Bench of Justices Surya Kant, Dipankar Datta and KV Viswanathan had called on. In a crucial development, the …

SC on tribunal appointments
3 years, 1 month ago

SC on tribunal appointments

The Hindu  

The Supreme Court on Wednesday said its judicial intervention saw the government make abrupt efforts to fill up vacancies in tribunals some time back and nothing after that. In September last, a Special Bench led by the CJI accused the Centre of “cherry-picking” names for appointments to tribunals groaning under backlog and left almost defunct by long-pending vacancies. Chandrachud and …

'No Advocate With Only 10 Years Experience Ever Made A High Court Judge' : Centre Defends Tribunals Reforms Act 2021
3 years, 5 months ago

'No Advocate With Only 10 Years Experience Ever Made A High Court Judge' : Centre Defends Tribunals Reforms Act 2021

Live Law  

The Central Government has filed a counter-affidavit before the Supreme Court defending the constitutional validity of the recently passed Tribunals Reforms Act 2021. The affidavit has been filed responding to the writ petition filed by Madras Bar Association, which has argued that the Act is unconstitutional for violating the directions issued by the Supreme Court in previous judgments.At. Responding to …

"We Are In A Democratic Country Following Rule Of Law, You Can't Say It": Supreme Court To AG In Tribunal Matter- Full Courtroom Exchange
3 years, 6 months ago

"We Are In A Democratic Country Following Rule Of Law, You Can't Say It": Supreme Court To AG In Tribunal Matter- Full Courtroom Exchange

Live Law  

At the outset, CJ N. V. Ramana raised the issue of the premature retirement of Justice A. I. S. Cheema as NCLAT chairman- "The department has hurriedly on 11th of September made arrangements and he has been replaced by another gentleman, Justice M. Venugopal. The said provision reads: "Notwithstanding anything contained in any judgment, order or decree of any court, …

You are testing our patience: SC raps Centre over delay in Tribunal appointments
3 years, 6 months ago

You are testing our patience: SC raps Centre over delay in Tribunal appointments

India Today  

The Supreme Court rapped the central government on Monday over the delay in appointments to the Tribunals and the recently passed Tribunals Reforms Act, saying it was identical to the provisions struck down by it previously. A special bench headed by Chief Justice of India NV Ramana and comprising Justices DY Chandrachud and L Nageswara Rao directed the government to …

"Show Us One Appointment You Made": Supreme Court To Centre In Tribunal Matter- Read Full Courtroom Exchange
3 years, 7 months ago

"Show Us One Appointment You Made": Supreme Court To Centre In Tribunal Matter- Read Full Courtroom Exchange

Live Law  

The Supreme Court on Monday demanded from the Centre the rationale behind the recently-passed Tribunal Reforms Act, 2021 after the Court struck down the Tribunals Reforms Ordinance, 2021.The bench of Chief Justice N. V. Ramana and Justices Surya Kant and Aniruddha Bose was hearing a petition seeking directions for the constitution of the Goods. On the last occasion, Supreme Court …

Advocates With Ten Years Experience Can Be Appointed As Judicial Members Of Various Tribunals: Centre Amends Tribunal Rules
3 years, 9 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 …

Supreme Court Modifies Its Direction On Constitution Of Search Cum Selection Committee For Appointment Of Tribunal Members
4 years, 2 months ago

Supreme Court Modifies Its Direction On Constitution Of Search Cum Selection Committee For Appointment Of Tribunal Members

Live Law  

The Supreme Court has modified a direction issued by it in the matter of constitution of Search-cum-Selection Committee for appointment of members of the tribunals.The bench comprising Justices L. Nageswara Rao, Hemant Gupta and S. Ravindra Bhat allowed Centre's request to modify a direction issued in Madras Bar Association v. Union of India by substituting the. The Supreme Court has …

[2020 Tribunal Rules] SC Judgments Requiring 5-7 Yrs Tenure Don't Apply Where Right Of Re-Appointment Contemplated: AG Defends 4 Yr Term
4 years, 6 months ago

[2020 Tribunal Rules] SC Judgments Requiring 5-7 Yrs Tenure Don't Apply Where Right Of Re-Appointment Contemplated: AG Defends 4 Yr Term

Live Law  

The Supreme Court on Thursday resumed hearing on the plea by the Madras Bar Association challenging the Tribunal Rules of 2020, on the grounds that it is in the teeth of the principles of separation of power and independence of judiciary. It was given to exhibit that rules may so be framed such that the tenure does not exceed 5 …

SC Asks Two CERC Members To Go On Leave Until Appointment Of A Law Member [Read Order]
4 years, 7 months ago

SC Asks Two CERC Members To Go On Leave Until Appointment Of A Law Member [Read Order]

Live Law  

The Supreme Court on Friday asked two members of the Central Electricity Regulatory Commission to go on leave until a Member law is appointed to the Commission. The plea was moved seeking enforcement of a 2018 verdict of the Supreme Court, holding that it is mandatory that there should be a person of law as a Member of the Commission, …

SC Asks Selection Committee To Expedite Appointment Of Members To NGT [Read Order]
4 years, 7 months ago

SC Asks Selection Committee To Expedite Appointment Of Members To NGT [Read Order]

Live Law  

The Supreme Court on Friday directed the Central Government to expedite the process of appointment of Judicial and Expert Members to the National Green Tribunal. Section 4 of the National Green Tribunal Act, 2010 stipulates inter alia that the Tribunal shall consist of a full time Chairperson; not less than ten full time Judicial Members and not less than ten …

Speaker Should Decide On Disqualification Within 3 Months; Impartial Tribunal Needed Under 10th Schedule : SC [Read Judgment]
5 years, 2 months ago

Speaker Should Decide On Disqualification Within 3 Months; Impartial Tribunal Needed Under 10th Schedule : SC [Read Judgment]

Live Law  

In a notable judgment, the Supreme Court has held that Speaker of the Legislative Assembly should decide on a petition seeking disqualification of a member under Tenth Schedule of the Constitution within a period of three months, in the absence of exceptional reasons.Highlighting the importance of taking a decision within a reasonable time, the SC said :"The Speaker, in acting …

Tribunals And Commissions May Not Remain Headless, SC Allows Appointment Of Former HC Judges In Tribunals If No Suitable Former HC CJ/SC Judge Is Available [Read Order]
6 years, 10 months ago

Tribunals And Commissions May Not Remain Headless, SC Allows Appointment Of Former HC Judges In Tribunals If No Suitable Former HC CJ/SC Judge Is Available [Read Order]

Live Law  

The Supreme Court has issued an important directive that wherever qualification required for appointment to a tribunal/commission is of a former Chief Justice or a former Supreme Court judge and no suitable person of that category is available, it will be open to make appointment of any suitable former judge of a high court till any legislative amendment in that …

SC Clarifies Its Order On Appointments In Tribunals, Bars Litigation On Selection Process [Read Order]
7 years ago

SC Clarifies Its Order On Appointments In Tribunals, Bars Litigation On Selection Process [Read Order]

Live Law  

The Supreme Court has clarified its order that accepted suggestions made by the Central Administrative Tribunal Bar Association with regard to appointments of chairpersons and judicial/administrative/technical/expert members for all tribunals.The Bench comprising Chief Justice Dipak Misra and Justices AK Khanwilkar and DY Chandrachud also held that the selection process that has commenced. The Supreme Court has clarified its order that …

SC Clarifies Its Order On Appointments In Tribunals, Bars Litigation On Selection Process [Read Order]
7 years ago

SC Clarifies Its Order On Appointments In Tribunals, Bars Litigation On Selection Process [Read Order]

Live Law  

The Supreme Court has clarified its order that accepted suggestions made by the Central Administrative Tribunal Bar Association with regard to appointments of chairpersons and judicial/administrative/technical/expert members for all tribunals.The Bench comprising Chief Justice Dipak Misra and Justices AK Khanwilkar and DY Chandrachud also held that the selection process that has commenced. The Supreme Court has clarified its order that …

SC Takes Note Of Status Of Selection Of Members To Various Tribunals, Says Its Interim Order Not To Come In Way Where Substantial Steps Have Been Taken Already [Read Order]
7 years, 1 month ago

SC Takes Note Of Status Of Selection Of Members To Various Tribunals, Says Its Interim Order Not To Come In Way Where Substantial Steps Have Been Taken Already [Read Order]

Live Law  

Almost two weeks after issuing interim directions for appointment to various tribunals and putting in place an interim Search-cum-selection Committee, the Supreme Court on Thursday took note of the status of the selection process for various members of all Tribunals and ordered that in cases where substantial steps have been taken in respect of selection process, the same would not …

SC Takes Note Of Status Of Selection Of Members To Various Tribunals, Says Its Interim Order Not To Come In Way Where Substantial Steps Have Been Taken Already [Read Order]
7 years, 1 month ago

SC Takes Note Of Status Of Selection Of Members To Various Tribunals, Says Its Interim Order Not To Come In Way Where Substantial Steps Have Been Taken Already [Read Order]

Live Law  

Almost two weeks after issuing interim directions for appointment to various tribunals and putting in place an interim Search-cum-selection Committee, the Supreme Court on Thursday took note of the status of the selection process for various members of all Tribunals and ordered that in cases where substantial steps have been taken in respect of selection process, the same would not …

SC Issues Interim Directions on Appointments in Tribunals: Search-cum-Selection Panel Formed
7 years, 1 month ago

SC Issues Interim Directions on Appointments in Tribunals: Search-cum-Selection Panel Formed

Live Law  

The Supreme Court has accepted suggestions made by the Central Administrative Tribunal Bar Association regarding the composition of search-cum-selection committees for judicial/administrative members and chairpersons of all tribunals. The interim order will remain in effect during the pendency of the writ petitions challenging sections 182, 183, 184 and 185 of the Finance Act of 2017.

SC Issues Interim Directions On Appointments In Tribunals; Orders Forming Search-Cum-Selection Panel On Judicial/Admin Members [Read Order]
7 years, 1 month ago

SC Issues Interim Directions On Appointments In Tribunals; Orders Forming Search-Cum-Selection Panel On Judicial/Admin Members [Read Order]

Live Law  

The Supreme Court, in an important order, accepted suggestions made by the Central Administrative Tribunal Bar Association with regard to appointments of chairpersons and judicial/administrative/technical/expert members for all tribunals.As per the interim order, during the pendency, an interim search-cum-selection committee will be constituted in respect of both. The Supreme Court, in an important order, accepted suggestions made by the Central …

Judicial Members Of Tax Tribunals Can’t Be Appointed Without Consultation With HC, Administrative Members Should Be Judicially Trained: Bombay HC [Read Judgment]
7 years, 2 months ago

Judicial Members Of Tax Tribunals Can’t Be Appointed Without Consultation With HC, Administrative Members Should Be Judicially Trained: Bombay HC [Read Judgment]

Live Law  

In a significant judgment, the Bombay High Court has held that judicial members of tax tribunals cannot be appointed without effective consultation with the high court and administrative members must be judicially trained.The bench of Justice AS Oka and Justice Riyaz Chagla also held that matters which are required to be decided by the members sitting singly shall always be …

SC Tells Centre To Submit New Draft Rules On Appointment Of Tribunals’ Office-Bearers By Jan 4
7 years, 3 months ago

SC Tells Centre To Submit New Draft Rules On Appointment Of Tribunals’ Office-Bearers By Jan 4

Live Law  

The Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Friday directed the Centre to submit the new draft of the Tribunals, Appellate Tribunals and Other Authorities Rules by January 4, 2018.The bench was hearing a string of writ petitions challenging sections 182, 183, 184 and 185. Senior counsel Kapil Sibal submitted before …

SC Forms Panel To Recruit Subordinate Court Judges
8 years, 2 months ago

SC Forms Panel To Recruit Subordinate Court Judges

Live Law  

The CJI-led bench said the committee would deal with issues like fixing the date on which The CJI-led bench said the committee would deal with issues like fixing the date on which Chief Justice J S Khehar today informed that the Supreme Court has set up a committee of judges to look into the issue of bringing uniformity in the …

SC Forms Panel To Recruit Subordinate Court Judges
8 years, 2 months ago

SC Forms Panel To Recruit Subordinate Court Judges

Live Law  

The CJI-led bench said the committee would deal with issues like fixing the date on which The CJI-led bench said the committee would deal with issues like fixing the date on which Chief Justice J S Khehar today informed that the Supreme Court has set up a committee of judges to look into the issue of bringing uniformity in the …

National Judicial Commission a welcome step, but it's not perfect
10 years, 7 months ago

National Judicial Commission a welcome step, but it's not perfect

Hindustan Times  

The passage of the Constitution Bill, 2014, and the National Judicial Appointments Commission Bill, 2014, was a momentous occasion for several reasons. The Indian judiciary invented both the basic legal structure of the country as well as the system of public interest litigation and exercises the widest and deepest judicial reviews in this world. Second, clauses 5 & 6 of …

Breaking: SC constitutes a committee for road safety, names a sitting Judge as its Chairman with effect from date of retirement[Read the Judgment]
10 years, 11 months ago

Breaking: SC constitutes a committee for road safety, names a sitting Judge as its Chairman with effect from date of retirement[Read the Judgment]

Live Law  

A Supreme Court Bench comprising Chief Justice P Sathasivam, Justice Ranjan Gogoi and Justice N.V. Ramana, while hearing Writ Petition No. The Bench directed all State Governments as well as different Ministries/Departments/Wings of the Central Government who are currently looking after the multi-dimensional issues relating to road safety to submit their first report to the Committee within three months from …

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