National Tribunals Commission Will Improve Effective Functioning & Enhance Public Image Of Tribunals : Supreme Court
4 years, 4 months 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 Tribunals Commission would "go a long way in improving the effective functioning of the Tribunals and enhancing the public image of the Tribunals" and would "provide a solution to the existing problems and ensure the smooth functioning of the Tribunals". The Attorney General for India, K K Venugopal, also agreed that the constitution of a National Tribunals Commission would provide a solution to the existing problems and ensure the smooth functioning of the Tribunals. The 2010 Madras Bar Association judgment as well as the Rojer Mathew v. South Indian Bank Limited have been cited to emphasize the Court's opinion that "an autonomous oversight body should be established for recruitment of members and functioning of the Tribunals". Stating that it was high time that the observations and suggestions made by the Apex Court in this regard were implemented by Union of India, the Supreme Court has directed the Centre to set up a National Tribunals Commission as suggested in its order dated 07.05.2018 at the earliest.

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History of this topic

Feasibility Of Introducing Uniform Sentencing Policy Referred To Law Commission: Union Informs Supreme Court
1 month, 2 weeks ago

Feasibility Of Introducing Uniform Sentencing Policy Referred To Law Commission: Union Informs Supreme Court

Live Law  

The Supreme Court was recently informed by the Additional Solicitor General Aishwarya Bhati that the feasibility of introducing a comprehensive and uniform sentencing policy has been referred to the Law Commission of India.This comes after a bench of Justices M.M. The Supreme Court was recently informed by the Additional Solicitor General Aishwarya Bhati that the feasibility of introducing a comprehensive …

No political appointments in NCLT, NCLAT: SC
4 months, 3 weeks ago

No political appointments in NCLT, NCLAT: SC

Hindustan Times  

The Supreme Court on Thursday emphasised that appointments to the National Company Law Tribunal and the National Company Law Appellate Tribunal must not be “political”, even as it voiced serious concerns over delays and inefficiencies affecting India’s insolvency process. In its judgment that ordered the liquidation of debt-ridden Jet Airways, the top court addressed a raft of issues regarding the …

Fill Vacancies In Central Govt Industrial Tribunals By August 31 : Supreme Court To Union
1 year, 8 months ago

Fill Vacancies In Central Govt Industrial Tribunals By August 31 : Supreme Court To Union

Live Law  

The Supreme Court directed the Union Government to complete the process of appointing judicial officers to the vacant seats of the Central Government Industrial Tribunals before August 31, 2023. The petitioner in the matter, Labour Law Association had submitted that as many as nine out of twenty two benches of the Central Government Industrial Tribunals were vacant and three more …

National Judicial Commission Bill Introduced In Rajya Sabha
2 years, 3 months ago

National Judicial Commission Bill Introduced In Rajya Sabha

Live Law  

A private member bill was introduced by CPI 's Bikash Ranjan Bhattacharya in Rajya Sabha on Friday to regulate the appointments of judges to the High Courts and the Supreme Court.Bhattacharya's bill proposes to set up a National Judicial Commission for recommending persons for appointment as the Chief Justice of India and other Judges of the Supreme Court and Chief …

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 Proposal Under Consideration To Make Law Commission Of India A Statutory Body" Centre Tells Supreme Court
3 years, 3 months ago

"No Proposal Under Consideration To Make Law Commission Of India A Statutory Body" Centre Tells Supreme Court

Live Law  

Opposing a plea seeking directions to make Law Commission a statutory body, the Union of India has informed the Supreme Court that while appointment of Chairperson and Member of 22nd Law Commission is under consideration, no proposal is under consideration to make Law Commission of India a statutory body.The submissions have been made by Union of India through an affidavit …

'We Will Suo Motu Stay Tribunals Reforms Act' : Supreme Court Tells Centre In NCLAT Member Justice Cheema's Plea
3 years, 6 months ago

'We Will Suo Motu Stay Tribunals Reforms Act' : Supreme Court Tells Centre In NCLAT Member Justice Cheema's Plea

Live Law  

Extremely upset with the manner in which the Central Government terminated the services of Justice Ashok Iqbal Singh Cheema as the Acting Chairperson of the National Company Law Appellate Tribunal, the Supreme Court on Wednesday orally said that it will suo motu stay the Tribunals Reforms Act 2021.The Tribunals Reforms Act 2021 has become a point of friction between the …

Centre Bound To Create National Tribunals Commission : Supreme Court Tells Attorney General
3 years, 6 months ago

Centre Bound To Create National Tribunals Commission : Supreme Court Tells Attorney General

Live Law  

While lamenting the non-constitution of National Tribunals Commission by the Central Government, Supreme Court on Wednesday emphasised the need to have an independent body for making appointments to the Tribunals across the country. The bench pointed out to the Attorney General for India KK Venugopal that he had agreed to the suggestion for constitution of a National Tribunals Commission in …

Centre Clears Appointments To National Company Law Tribunal (NCLT) & Income Tax Appellate Tribunal (ITAT)
3 years, 6 months ago

Centre Clears Appointments To National Company Law Tribunal (NCLT) & Income Tax Appellate Tribunal (ITAT)

Live Law  

Days after the Supreme Court pulled up the Central Government over posts lying vacant in the tribunals, the Central government today cleared the appointment of judicial and technical members to the National Company Law Tribunal and the Income Tax Appellate Tribunal Issuing a notification, the Centre has approved the proposal for the appointment of a total of 18 members 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 …

Fill Up Vacancies In Tribunals Without Delay: Supreme Court Directs Centre
3 years, 8 months ago

Fill Up Vacancies In Tribunals Without Delay: Supreme Court Directs Centre

Live Law  

In its judgment setting aside the provisions in the Tribunals Reforms Ordinance 2021 which fixed the term of members of various tribunals as four years, the Supreme Court called upon the Centre to ensure that all the vacancies in the tribunals are filled up without delay.Existence of large number of vacancies of Members and Chairpersons and the inordinate delay caused …

Advocates With Ten Years Experience Can Be Appointed As Judicial Members Of Various Tribunals: Centre Amends Tribunal Rules
3 years, 8 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 …

Whether Directions To Amend Tribunal Rules Are Akin To Directing Parliament To Legislate? Supreme Court Asks In Madras Bar Association Case
3 years, 9 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 …

Govt issues Tribunals Reforms Ordinance
3 years, 11 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 …

Supreme Court Issues Notice On Plea For Appointment Of Full-Time Chairman, VC, Members Of National Commissions For SC, ST
4 years, 2 months ago

Supreme Court Issues Notice On Plea For Appointment Of Full-Time Chairman, VC, Members Of National Commissions For SC, ST

Live Law  

The plea urges that owing to the glaring vacancies/non-appointment of the Chairmen/Chairpersons and key high-officers, these Commissions have failed to provide any relief in matters relating to the SCs and STs of India. Also, they have miserably failed in their duty of publishing their Annual Reports on the developments and working of the safeguards put in place, as to the …

Supreme Court Extends Term Of BSV Prakash Kumar As NCLT Delhi Acting President Till Regular Appointment
4 years, 3 months ago

Supreme Court Extends Term Of BSV Prakash Kumar As NCLT Delhi Acting President Till Regular Appointment

Live Law  

The Supreme Court on Wednesday extended the appointment of Mr.B.S.V.Prakash Kumar,Member as acting President of NCLT, New Delhi till regular appointment is made to the post of President, NCLT Delhi.The direction was passed by a bench of Justices L Nageswara Rao, Hemant Gupta and Ajay Rastogi on a writ petition filed by National Company Law Tribunal and. The Supreme Court …

Safeguarding the autonomy of tribunals
4 years, 8 months ago

Safeguarding the autonomy of tribunals

Hindustan Times  

On August 2, 2001, former law minister, Arun Jaitley, stated before Parliament that the government was considering establishing a central tribunals division within the ministry of law and justice, an independent supervisory body to bring uniformity for all tribunals. In order to de-clutter SC of unnecessary burden and make justice affordable and accessible, it needs to be ensured that the …

All India Judicial Service Examination, Pre-Institution Mediation And Settlement: Read Niti Ayog’s Strategy Of Judicial And Legal Reforms For New India [Read Report]
6 years, 3 months ago

All India Judicial Service Examination, Pre-Institution Mediation And Settlement: Read Niti Ayog’s Strategy Of Judicial And Legal Reforms For New India [Read Report]

Live Law  

“Legal and judicial reforms are urgently needed to address the massive pendency and capacity issues in Indian courts, which impede access to Justice.”Niti Ayog, in its report titled “Strategy For New India @ 75”, has given important suggestions for judicial and legal reforms. “Legal and judicial reforms are urgently needed to address the massive pendency and capacity issues in Indian …

All India Judicial Service Examination, Pre-Institution Mediation And Settlement: Read Niti Ayog’s Strategy Of Judicial And Legal Reforms For New India [Read Report]
6 years, 3 months ago

All India Judicial Service Examination, Pre-Institution Mediation And Settlement: Read Niti Ayog’s Strategy Of Judicial And Legal Reforms For New India [Read Report]

Live Law  

“Legal and judicial reforms are urgently needed to address the massive pendency and capacity issues in Indian courts, which impede access to Justice.”Niti Ayog, in its report titled “Strategy For New India @ 75”, has given important suggestions for judicial and legal reforms. “Legal and judicial reforms are urgently needed to address the massive pendency and capacity issues in Indian …

SC Says It 'Broadly' Approves Concept Of Autonomous Oversight Body For Tribunals [Read Order]
6 years, 10 months ago

SC Says It 'Broadly' Approves Concept Of Autonomous Oversight Body For Tribunals [Read Order]

Live Law  

Such body should be responsible for recruitments and oversight of functioning of members of the Tribunals, the bench said.The Supreme Court, in its order on Monday, said it 'broadly' approves the concept of having an effective and autonomous oversight body for all the tribunals with such exceptions 'as may be inevitable'.The bench also directed setting up of a three-member committee,. …

SC Says It 'Broadly' Approves Concept Of Autonomous Oversight Body For Tribunals [Read Order]
6 years, 10 months ago

SC Says It 'Broadly' Approves Concept Of Autonomous Oversight Body For Tribunals [Read Order]

Live Law  

Such body should be responsible for recruitments and oversight of functioning of members of the Tribunals, the bench said.The Supreme Court, in its order on Monday, said it 'broadly' approves the concept of having an effective and autonomous oversight body for all the tribunals with such exceptions 'as may be inevitable'.The bench also directed setting up of a three-member committee,. …

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 …

Govt tweaks rules, reduces judiciary control on India’s environment watchdog
7 years, 8 months ago

Govt tweaks rules, reduces judiciary control on India’s environment watchdog

Hindustan Times  

The Union government modified the process of appointments to the National Green Tribunal, bringing in clauses that experts say will considerably weaken the country’s environmental watchdog. The new rules do away with a condition that the NGT can only be headed by a former Supreme Court judge or the chief justice of a high court, and takes away the judiciary’s …

Breaking: SC Sets Up New National Judicial Pay Commission For Subordinate Judiciary [Read Judgment]
7 years, 10 months ago

Breaking: SC Sets Up New National Judicial Pay Commission For Subordinate Judiciary [Read Judgment]

Live Law  

Justice PV Reddy is the Commission Chairman and Senior Supreme Court lawyer R.Basant is a member.In a significant development Supreme Court of India has constituted a new National Judicial Pay Commission to examine the structure pay and other conditions of Judicial Officers belonging to the sub-ordinate judiciary all over the country.The Bench comprising of Justices J Chelameswar and Abdul. In …

Breaking: SC Sets Up New National Judicial Pay Commission For Subordinate Judiciary [Read Judgment]
7 years, 10 months ago

Breaking: SC Sets Up New National Judicial Pay Commission For Subordinate Judiciary [Read Judgment]

Live Law  

Justice PV Reddy is the Commission Chairman and Senior Supreme Court lawyer R.Basant is a member.In a significant development Supreme Court of India has constituted a new National Judicial Pay Commission to examine the structure pay and other conditions of Judicial Officers belonging to the sub-ordinate judiciary all over the country.The Bench comprising of Justices J Chelameswar and Abdul. In …

SC directs Law Commission to examine the ‘statutory framework of Tribunals’ [Read Judgment]
8 years, 7 months ago

SC directs Law Commission to examine the ‘statutory framework of Tribunals’ [Read Judgment]

Live Law  

The Bench asked the Commission to examine whether it is permissible and advisable to provide appeals routinely to Supreme Court only on a question of law or substantial question of law which is not of national or public importance? A two Judge Bench of the Supreme Court has directed the Law Commission of India to examine various issues relating to …

SC directs Law Commission to examine the ‘statutory framework of Tribunals’ [Read Judgment]
8 years, 7 months ago

SC directs Law Commission to examine the ‘statutory framework of Tribunals’ [Read Judgment]

Live Law  

The Bench asked the Commission to examine whether it is permissible and advisable to provide appeals routinely to Supreme Court only on a question of law or substantial question of law which is not of national or public importance? A two Judge Bench of the Supreme Court has directed the Law Commission of India to examine various issues relating to …

Process for Constitution of National Company Law Tribunal (NCLT) has been initiated; Arun Jaitley
9 years, 3 months ago

Process for Constitution of National Company Law Tribunal (NCLT) has been initiated; Arun Jaitley

Live Law  

The Companies Law Committee was constituted in fulfillment of an assurance made by the Corporate Affairs Minister during discussion on Companies Bill, 2014 in the Rajya Sabha in response to the concerns raised by Members in Rajya Sabha as well as for addressing issues raised by various stakeholders regarding the Companies Act, 2013.The CLC invited suggestions from. The Companies Law …

Process for Constitution of National Company Law Tribunal (NCLT) has been initiated; Arun Jaitley
9 years, 3 months ago

Process for Constitution of National Company Law Tribunal (NCLT) has been initiated; Arun Jaitley

Live Law  

The Companies Law Committee was constituted in fulfillment of an assurance made by the Corporate Affairs Minister during discussion on Companies Bill, 2014 in the Rajya Sabha in response to the concerns raised by Members in Rajya Sabha as well as for addressing issues raised by various stakeholders regarding the Companies Act, 2013.The CLC invited suggestions from. The Companies Law …

Judges Appointment; Mechanism for investigating Complaints against proposed Candidates suggested [Read the Compiled Suggestions]
9 years, 4 months ago

Judges Appointment; Mechanism for investigating Complaints against proposed Candidates suggested [Read the Compiled Suggestions]

Live Law  

The report submitted by senior lawyer Arvind Datar and ASG Pinky Anand compiling more than 60 suggestions papers submitted by legal luminaries towards improving collegium system said whenever a complaint against candidate for judgeship is found prima-facie correct, it should be referred to the executive for investigationIt said there is a strong need to make an outright rejection of anonymous. …

PMO urges Ministries to explore idea of clubbing Tribunals for efficiency
10 years, 1 month ago

PMO urges Ministries to explore idea of clubbing Tribunals for efficiency

Live Law  

As per a note sent to all secretaries of the Union Government, the Prime Minister’s Office is planning to merge some National Tribunals into larger entities and ensure efficiency. "The powers which are normally vested in the courts were conferred upon these tribunals for quick justice based on the principle of natural justice and also to reduce burden on the …

India’s tryst with tribunalization and transfer of judicial power to regulatory bodies
10 years, 6 months ago

India’s tryst with tribunalization and transfer of judicial power to regulatory bodies

Live Law  

Introduction The liberal economic approach undertaken in 1991 inserted into the Indian political governing system, elements of both democracy and oligarchy. Tribunalization and regulatory bodies in India Since the enactment of the Administrative Tribunals Act, 1985, parliament has systematically taken away important judicial functions of the High Courts and civil courts and transferred them to quasi-judicial bodies under its supervision. …

Judges appointment bill aimed at having fair procedure: Govt to Lok Sabha
10 years, 7 months ago

Judges appointment bill aimed at having fair procedure: Govt to Lok Sabha

Firstpost  

Government today asserted that a bill to set up a commission on appointment of judges is aimed at having a “fair procedure” for appointing judges to higher courts and it has no intention to have any confrontation with the judiciary on the issue. New Delhi: Government today asserted that a bill to set up a commission on appointment of judges …

Government introduces bill in LS to scrap collegium system
10 years, 7 months ago

Government introduces bill in LS to scrap collegium system

India TV News  

New Delhi: The government today introduced two bills in the Lok Sabha to replace the collegium system of appointing judges and to reform the judiciary. Law and Justice Minister Ravi Shankar Prasad introduced the National Judicial Appointments Commission Bill 2014, and the Constitution One Hundred and Twenty-First Amendment Bill.The judicial appointments commission bill seeks to regulate the procedure to be …

Union Govt seeks Constitutional amendment to overhaul the collegium system; National Judicial Commission maybe a reality soon
10 years, 8 months ago

Union Govt seeks Constitutional amendment to overhaul the collegium system; National Judicial Commission maybe a reality soon

Live Law  

Subsequent to Justice Katju's explosive revelations over the executive interference on judicial appointments, the Central Govt.seems more keen than ever to bring about a constitutional amendment in order to broaden the criteria and process for selection of judges to the High Courts as well as the Supreme Court. The Central Govt is seeking the constitutional amendment path for a two …

Tribunals are parallel justice delivery mechanisms, lacks right people: Supreme Court
10 years, 8 months ago

Tribunals are parallel justice delivery mechanisms, lacks right people: Supreme Court

Live Law  

A Supreme Court Constitutional bench comprising of Chief Justice R.M. Appearing for the petitioners, senior counsel Arvind Datar said that the "obnoxious objective" of setting up tribunals was to create a parallel system outside the Constitutionally prescribed justice delivery system starting from the apex court, followed by High Court and then lower courts. As Article 323-A and Section 28 of …

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