Madras Bar Association v UOI ( 2021 ) 7 SCC 369

Appellate Tribunal and other Authorities ( Qualifications Experience and other Conditions of Service of Members ) Rules , 2020 – Constitutional validity – Directions are issued . [ Art , 323-A]

The main issues raised in the writ petition are that the  2020 Rules are unconstitutional as   :

  • The Search -cum Selection Committees provided for in the 2020 Rules did not confirm the principles of judicial dominance .
  • Appointment of persons without judicial experience to the posts of judicial Members/ Presiding Officer/ Chairpersons is in contravention to the earlier judgements of this Court .
  • The term of office of the Members for four years is contrary to the earlier decisions of this Court .
  • Advocates are not being made eligible for appointment to most of the tribunals
  • Administrative control of the executive in matters relating to appointment and conditions of service of the principles of separation of powers and independence of judiciary and demonstrates non-application of mind .  

Court directed to constitute a National Tribunal Commission (NTC) which shall act as independent body to supervise  the appointment and functioning of Tribunals to conduct disciplinary proceedings against  members of tribunals and to take care of admirative and infrastructural  needs of tribunals in an appropriate manner . 

Judicial dominance in the composition of Search and Selection Committees held is required to ensure independence of Tribunals .

Chair person of the  selection committee shall be by retired judge of the Supreme Court or a retired judge of a High Court nominated by the Chief Justice of India .

Advocates with an experience of at least 10 years eligible for appointment as judicial members .

Appointments shall be made with in three months from the dare of present judgement and shall not be subject matter of challenge on the ground that they are not in accord with the judgement  herein  etc .  ( WP No 804 pf 2020 dt 27 -11-2020 )