The Hon’ble Supreme Court on November 27, 2020 upheld the validity of ‘Tribunal, Appellate Tribunal and other Authorities (Qualification, Experience and other Conditions of Service of Members) Rules, 2020’. This was followed by a direction to the Central Government to constitute National Tribunals Commission.
The Madras Bar Association (MBA) challenged the Rules for violating the ‘principle of separation of powers’ and independence of judiciary.[1] Moreover, it was argued that the Rules were against the apex court’s decision in the case of Rojer Mathew v. South Indian Bank Ltd.[2]The highlights of the holding by the Supreme Court have been noted below:
That the judgment is to be read as a sequel and together with the Rojer Mathew case.
The Tribunal, Appellate Tribunal and other Authorities (Qualification, Experience and other Conditions of Service of Members) Rules, 2020 shall be applicable with the modifications laid down in the judgment to those who were appointed after February 12, 2020.
Lawyers with legal practice of 10 years will be eligible for appointment as judicial members of tribunals.
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 Chief Justice of India or his nominee will have a casting vote in the search committee which will also comprise Secretary to Ministry of Law and Justice and Secretary to Government of India from a department other than the parent or sponsoring department nominated by the cabinet secretary. The secretary of the sponsoring department shall be a member secretary without vote.
With respect to matters of disciplinary action, the recommendations made by Search and Selection committee shall be final.
Appointments to tribunals shall be made within 3 months from the date on which the process is complete and recommendations are made by the search committee.
The 2020 Rules shall have prospective effect and will be applicable only from February 12, 2020.
Appointments made prior to 2017 Rules and appointments made during pendency of Rojer Mathew judgment shall be governed by respective statutes.
Chairpersons, Vice-Chairpersons, and members of tribunals appointed prior to February 12, 2020 shall be governed by parent statute and rules as per which they were appointed.
When reserving the matter for judgment, the Supreme Court had extended the tenures of chairpersons, vice-chairpersons, and members of tribunals till December 31, 2020. In view of the final judgment, the retirements of chairpersons, vice-chairpersons and members of tribunals shall be in accordance with the applicable rules.
Conclusion
This is a significant order by the Supreme Court on the subject of Tribunals, their members and functioning. The aim of the Court is to improve the functioning of tribunals in the country. The Commission shall act as an independent body in its supervision.
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