'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, 6 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 the Madras Bar. 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 the Madras Bar Association case". In the Madras Bar Association case, the Supreme Court had struck down by the minimum age qualification of 50 years in the Tribunals Reforms Ordinance 2021 and had directed that advocates with experience of 10 years practice must be considered for appointments.

Justice Supreme Court Judgment Court Reforms Chief Justice Bar Tribunals Nageswara Rao Jairam Ramesh Act Ramesh Chandrachud Madras 50 Years Provisions Justice Chandrachud Madras Bar Association India Nv Ramana Tribunals Reforms Act Tribunals Reforms  justice  plea  reforms  rameshs  provisions  association  jairam  bar  judgment  chandrachud  notice  act  law  court  supreme  madras  tribunals  issues

History of this topic

Senior Designation: Supreme Court To Commence Hearing Of Plea Seeking Reforms On 22nd February, 2023
2 years, 1 month ago

Senior Designation: Supreme Court To Commence Hearing Of Plea Seeking Reforms On 22nd February, 2023

Live Law  

On Thursday, the Supreme Court indicated that it is to commence with the hearing of the petition filed by Senior Advocate Indira Jaising seeking reforms in the process of designation of Senior Advocate on Wednesday. Senior Advocate, Mr. Vikas Singh appearing for the Supreme Court Bar Association and Senior Advocate, Mr. Aman Lekhi appearing for the Supreme Court Advocate-on-Record Association …

Plea In Supreme Court Seeks Review Of Its PMLA Judgment
2 years, 6 months ago

Plea In Supreme Court Seeks Review Of Its PMLA Judgment

Live Law  

A review petition has been filed before the Supreme Court against its July 27 judgment in Vijay Madanlal Choudhary vs Union of India which upheld the power of arrest, attachment and search and seizure conferred on the Enforcement Directorate by the Prevention of Money Laundering Act, 2002. The Court also upheld the reverse burden of proof under Section 24 of …

Supreme Court To Examine NCLT Bar Association's Locus To Challenge 3-Year Term For Members
2 years, 8 months ago

Supreme Court To Examine NCLT Bar Association's Locus To Challenge 3-Year Term For Members

Live Law  

The Supreme Court on Monday said that it will examine the locus standi of the National Company Law Tribunal Bar Association in challenging the Centre's notification fixing the term of 23 NCLT members appointed in 2019 as 3 years instead of 5 years.A vacation bench comprising Justices CT Ravikumar and Sudhanshu Dhulia adjourned the writ petition filed by the NCLT …

Supreme Court Adjourns To Tomorrow NCLT Bar Association's Plea Challenging 3 Year Tenure Of NCLT Members
2 years, 9 months ago

Supreme Court Adjourns To Tomorrow NCLT Bar Association's Plea Challenging 3 Year Tenure Of NCLT Members

Live Law  

Supreme Court on Wednesday adjourned to tomorrow a petition filed by the NCLT Bar Association challenging the notification of the Ministry of Corporate Affairs fixing the tenure of the members of National Company Law Tribunal as 3 years. A vacation bench comprising Justice JK Maheshwari and Justice Hima Kohli granted one day time to the Solicitor General to place on …

Rajasthan HC Issues Notice In Plea Challenging Vires of Age Restriction of 50 Years Under Tribunals Reforms Act, 2021 For Appointment of Chairperson(s)/ Member(s)
2 years, 10 months ago

Rajasthan HC Issues Notice In Plea Challenging Vires of Age Restriction of 50 Years Under Tribunals Reforms Act, 2021 For Appointment of Chairperson(s)/ Member(s)

Live Law  

The Rajasthan High Court has issued notice in a plea challenging vires of age restriction of 50 years prescribed by proviso to Section 3 of Tribunals Reforms Act, 2021 for appointment of Chairperson or Member of the Tribunals. The plea states that vacancy circular issued by Respondent No.2 did not indicate any cut-off date on which age of candidate is …

'Senior Designation Rules Contrary To Supreme Court Guidelines'; Madras High Court Issues Notice On Challenge Against Rules
3 years, 4 months ago

'Senior Designation Rules Contrary To Supreme Court Guidelines'; Madras High Court Issues Notice On Challenge Against Rules

Live Law  

In a PIL challenging the validity of Rules 4 and 4 of Madras High Court Designation of Senior Advocates Rules, 2020, a bench of Chief Justice Sanjib Banerjee and Justice P.D Audikesavalu has admitted the matter and issued notice to the administrative section of High Court. While the Supreme Court guidelines allowed advocates with ten years of standing at the …

'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 …

Challenge To Tribunals Reforms Act 2021 : Supreme Court Asks Centre To File Counter-Affidavit By Next Week
3 years, 6 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 …

Supreme Court reiterates limits of legislative privileges while disallowing Kerala’s plea
3 years, 7 months ago

Supreme Court reiterates limits of legislative privileges while disallowing Kerala’s plea

The Hindu  

The Left Democratic Front government in Kerala faced an embarrassing setback on July 28 when the Supreme Court ruled against its appeal to withdraw the criminal prosecution case against six former LDF legislators accused of destruction of property and vandalism in the State Assembly on March 13, 2015. The Supreme Court also disallowed the government’s appeal and reaffirmed that legislators …

'Law Can't Be Struck Down Merely For Being Contrary To Court's Guidelines': Justice Hemant Gupta's Dissent In Tribunals Case
3 years, 8 months ago

'Law Can't Be Struck Down Merely For Being Contrary To Court's Guidelines': Justice Hemant Gupta's Dissent In Tribunals Case

Live Law  

Justice Hemant Gupta, in his dissenting opinion in the Madras Bar Association case relating to the validity of Tribunals Reforms Ordinance 2021, observed that legislature is within its jurisdiction to determine the minimum eligibility age for the purpose of appointment as Tribunal members. The majority comprising Justices L Nageswara Rao and S Ravindra Bhat observed that this minimum age stipulation …

Tribunals Reforms Ordinance : Supreme Court Strikes Down Provisions Fixing Term Of Members As 4 Years
3 years, 8 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 …

Supreme Court Issues Notice On Challenge Against Tamil Nadu Law On Reservation For Most Backward Classes & Denotified Communities
3 years, 8 months ago

Supreme Court Issues Notice On Challenge Against Tamil Nadu Law On Reservation For Most Backward Classes & Denotified Communities

Live Law  

The Supreme Court on Friday issued notice on two petitions challenging Tamil Nadu Special Reservation of Seats in Educational Institutions and in appointments under the State within Reservation for Most Backward Classes and Denotified Communities Act, 2021.A Bench of Justices L. Nageswara Rao and S. Ravindra Bhat tagged the pleas with two other pending petitions on a similar issue. The …

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 …

'We Can't Fix Time Limits': Supreme Court On Plea Seeking Guidelines For Speakers To Decide Disqualifications Of Members
3 years, 8 months ago

'We Can't Fix Time Limits': Supreme Court On Plea Seeking Guidelines For Speakers To Decide Disqualifications Of Members

Live Law  

The Supreme Court on Thursday adjourned for two weeks a plea filed seeking guidelines to look into the practice of mala-fide delays on the part of the Speakers/Chairmen of both houses of the Parliament & State Legislative Assembly in deciding matters related to political defections.A three-Judge Bench led by CJI, Justice Bopanna and Justice Hrishikesh Roy expressed its disinclination. The …

Cannot fix time limit in defection pleas, says Supreme Court
3 years, 8 months ago

Cannot fix time limit in defection pleas, says Supreme Court

The Hindu  

The Supreme Court on Thursday put on hold a petition to frame guidelines for fixing time limits by which the Speakers of Parliament and the Assemblies should decide defection petitions against MLAs. A Bench led by Chief Justice N.V. Ramana prima facie said the court cannot legislate. The Bench however gave lawyer for the petitioner, Ranajit Mukherjee, time to study …

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 …

Madras Bar Association Moves Supreme Court Challenging Tribunals Reforms Ordinance 2021
3 years, 11 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 …

Plea In SC To Relax Age Limit For OBC Candidates Appearing For District Judge Exam [Read Petition]
5 years ago

Plea In SC To Relax Age Limit For OBC Candidates Appearing For District Judge Exam [Read Petition]

Live Law  

A Special Leave Petition has been filed before the Supreme Court, seeking to relax the upper age limit for persons belonging to Other Backward Class, for taking the District Judge examination. The Petitioner has however contended that the High Court ought to have considered the facts of the case, whereby the Petitioner and many other similarly placed candidates lost their …

District Judge Selection : SC Urges Madras HC To Expeditiously Decide Plea Against Upper Age Limit Reduction [Read Order]
5 years, 1 month ago

District Judge Selection : SC Urges Madras HC To Expeditiously Decide Plea Against Upper Age Limit Reduction [Read Order]

Live Law  

The Supreme Court on Monday 'requested' the Madras High Court to expeditiously decide in a time-bound manner a plea challenging the reduction of upper-age limit for reserved categories for District Judge selection in Tamil Nadu.A bench comprising Justices R Banumathi and A S Bopanna declined to intervene with the interim order of the Madras High Court which rejected the petitioner's. …

Reconsider Upper Age Limit For Admission To LL.B. Courses, SC To Bar Council Of India [Read Order]
6 years ago

Reconsider Upper Age Limit For Admission To LL.B. Courses, SC To Bar Council Of India [Read Order]

Live Law  

The Supreme Court on Tuesday directed the Bar Council of India to reconsider, after hearing the various stakeholders, the upper age-limit for taking admission to the five-year and three-year law degree courses. The bench headed by Justice SA Bobde was hearing a plea by Rishab Duggal for setting aside a 2016 circular by which the BCI had restored Clause 28 …

Proposed Legislation No Justification To Not Implement SC Judgments, SC Tells Karnataka State [Read Order]
7 years, 1 month ago

Proposed Legislation No Justification To Not Implement SC Judgments, SC Tells Karnataka State [Read Order]

Live Law  

It is made clear that any proposed legislation will be no justification not to carry out the judgment of this court, the bench said.Making it clear that any proposed legislation will be no justification not to carry out the judgment delivered by it, the Supreme Court has directed the Karnataka Government to implement the directive issued in BK Pavitra & …

All India Lawyers Union Petitions SC Against Diluting Finance Act Provisions On Tribunals, Including NGT [Read Petition]
7 years, 7 months ago

All India Lawyers Union Petitions SC Against Diluting Finance Act Provisions On Tribunals, Including NGT [Read Petition]

Live Law  

The All India Lawyers Union has Petitioned the Supreme Court, challenging the provisions of the Finance Act, 2017 which confer “unanalyzed and uncontrolled power to the executive” to provide for qualifications and conditions of service of members of various tribunals, especially the National Green Tribunal.It challenges Sections 182 to 185 of the Finance Act, 2017 and the Rules framed. The …

Jairam Ramesh Moves SC Against Diluting Of Rules On Appointments To Tribunals, Including NGT [Read Petition]
7 years, 7 months ago

Jairam Ramesh Moves SC Against Diluting Of Rules On Appointments To Tribunals, Including NGT [Read Petition]

Live Law  

Congress MP Jairam Ramesh on Friday again moved the Supreme Court challenging the provisions of the Finance Act, 2017, which confers “uncanalised power on Central government” to provide for qualifications and conditions of service of members of various tribunals, especially the National Green Tribunal.In the petition, Ramesh challenged sections 182, 183, 184 and 185 of the Finance Act,. Congress MP …

Jairam Ramesh Moves SC Against Diluting Of Rules On Appointments To Tribunals, Including NGT [Read Petition]
7 years, 7 months ago

Jairam Ramesh Moves SC Against Diluting Of Rules On Appointments To Tribunals, Including NGT [Read Petition]

Live Law  

Congress MP Jairam Ramesh on Friday again moved the Supreme Court challenging the provisions of the Finance Act, 2017, which confers “uncanalised power on Central government” to provide for qualifications and conditions of service of members of various tribunals, especially the National Green Tribunal.In the petition, Ramesh challenged sections 182, 183, 184 and 185 of the Finance Act,. Congress MP …

CLAT Age Limit : SC Asks Bar Council Of India To Re-consider
8 years ago

CLAT Age Limit : SC Asks Bar Council Of India To Re-consider

Live Law  

Supreme Court of India on Monday asked Bar Council of India to re-consider the age-limit restriction imposed by it for appearing Common Law Admission Test.Bar Council had restored Clause 28 of Legal Education Rules, 2008, stipulating the maximum age limit of 20 years for taking admission to the 5-year integrated law degree.The Bench comprising Justice SA Bobde and Justice Nageswara …

CLAT Age Limit : SC Asks Bar Council Of India To Re-consider
8 years ago

CLAT Age Limit : SC Asks Bar Council Of India To Re-consider

Live Law  

Supreme Court of India on Monday asked Bar Council of India to re-consider the age-limit restriction imposed by it for appearing Common Law Admission Test.Bar Council had restored Clause 28 of Legal Education Rules, 2008, stipulating the maximum age limit of 20 years for taking admission to the 5-year integrated law degree.The Bench comprising Justice SA Bobde and Justice Nageswara …

New Bench To Hear Challenge Against CLAT Age Limit On Monday
8 years, 1 month ago

New Bench To Hear Challenge Against CLAT Age Limit On Monday

Live Law  

A new bench has been constituted by Chief Justice of India Justice JS Khehar to hear petitions challenging the age limit clause, for appearing in Common Law Admission Test, introduced by Bar Council of India.As per the cause list, Justice SA Bobde and Justice Nageswara Rao will hear the matter on Monday.It was Justice Dipak Misra’s bench which had issued …

New Bench To Hear Challenge Against CLAT Age Limit On Monday
8 years, 1 month ago

New Bench To Hear Challenge Against CLAT Age Limit On Monday

Live Law  

A new bench has been constituted by Chief Justice of India Justice JS Khehar to hear petitions challenging the age limit clause, for appearing in Common Law Admission Test, introduced by Bar Council of India.As per the cause list, Justice SA Bobde and Justice Nageswara Rao will hear the matter on Monday.It was Justice Dipak Misra’s bench which had issued …

Age Limit For Studying Law: Bombay HC To Wait For Report By BCI Constituted Committee Reviewing Rule 28 [Read BCI Affidavit]
8 years, 1 month ago

Age Limit For Studying Law: Bombay HC To Wait For Report By BCI Constituted Committee Reviewing Rule 28 [Read BCI Affidavit]

Live Law  

The petition challenging the constitutional validity of the Bar Council of India’s circular reviving the age limit rule, came up for hearing today before the bench of Chief Justice Manjula Chellur and Justice GS Kulkarni of the Bombay High Court.BCI’s counsel Amit Sale submitted that the sub-committee appointed by the Legal Education Committee of BCI will be furnishing a report. …

Bombay HC Says Age No Bar To Study Law, Grants Interim Relief To Students With Provisional Admission
8 years, 2 months ago

Bombay HC Says Age No Bar To Study Law, Grants Interim Relief To Students With Provisional Admission

Live Law  

The Bombay High Court has granted interim relief to law students who sought protection against a possible cancellation of their provisional admissions.These students had challenged the Clause 28 of Schedule III of BCI’s Legal Education Rules of 2008.This clause puts an age limit for admission to a five year LLB course at 20 years and for a three year course …

Age Limit For LLB: SC Issues Notice To Bar Council Of India
8 years, 2 months ago

Age Limit For LLB: SC Issues Notice To Bar Council Of India

Live Law  

The Supreme Court on Tuesday issued notice to the Bar Council Of India on a petition filed by two law aspirants challenging the maximum age limit of 20 years for taking admission to the 5-year integrated law degree.Senior Advocate Sanjay Hegde and Advocate on Record Zoheb Hossain argued that Clause 28 of Legal Education Rules, 2008, which restored the maximum. …

Apex court says 'no' to plea for Governor’s rule in J&K
8 years, 7 months ago

Apex court says 'no' to plea for Governor’s rule in J&K

The Hindu  

The Supreme Court on Friday refused to entertain a plea for Governor’s rule in the strife-ridden State of Jammu and Kashmir, observing that “these are difficult situations, which change every few hours and cannot be judicially managed.” A Bench of Chief Justice of India T.S. Chandrachud, however, asked Solicitor-General Ranjit Kumar, acting on behalf of the Centre, to file a …

Madras HC dismissed petition to enhance HC and SC judges' retirement age
11 years, 5 months ago

Madras HC dismissed petition to enhance HC and SC judges' retirement age

Firstpost  

The Madras High Court has dismissed a petition which sought a direction to the Centre to enhance the retirement age for judges in High Courts and the Supreme Court. Chennai: The Madras High Court has dismissed a petition which sought a direction to the Centre to enhance the retirement age for judges in High Courts and the Supreme Court. The …

Many a challenge before Khursheed
13 years, 8 months ago

Many a challenge before Khursheed

The Hindu  

The new Union Law Minister Salman Khursheed faces a number of challenges confronting the judiciary and he has to take forward the legal reforms initiated by his predecessor Veerappa Moily. In 2009, the Ministry released a “Vision Statement,” which spelt out the government's intention to revisit the 1993 Supreme Court judgment providing for collegium system of judicial appointments. Several parliamentary …

Discover Related