SC upholds validity of Tribunal Rules 2020 with modifications
Nov 28, 2020
New Delhi [India], November 28 : In a significant verdict, the Supreme Court has upheld the validity of Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020 (2020 Rules) with certain modifications and ordered constitution of National Tribunals Commission to oversee the appointments to the tribunal and its better functioning.
A bench of the apex court, headed by Justice L Nageswara Rao took into account the suggestion of senior advocate Arvind P Datar, the amicus curiae in the matter, who advised constituting a National Tribunals Commission would improve the effective functioning of the tribunal.
The court passed the order on the petition filed by the Madras Bar Association.
The bench, in its verdict, also asked the Central government to constitute a National Tribunals Commission which shall act as an independent body to supervise the appointments and functioning of Tribunals.
The Madras Bar Association, in its petition, had stated that the independence of the judiciary, and tribunals and its functioning is very important. The top court also ordered the Central government to strictly adhere to the directions passed by it in the judgment.
"Till the constitution of the National Tribunals Commission, a separate wing should be established at the Ministry of Finance to cater to the requirements of tribunals," the bench said.
It also said that advocates with experience of 10 years will be eligible for appointment as judicial members in tribunals. The Members of Indian legal Service will also be eligible for appointment as judicial members provided they fulfill the same criteria as advocates, the bench added.
