MADRAS BAR ASSOCIATION versus UNION OF INDIA & ANR.

Citation: [2020] 2 S.C.R. 246 · Decided: 27-11-2020 · Supreme Court of India · Bench: L. NAGESWARA RAO · Disposal: Disposed off

Cited by 1 judgment(s) · cites 9 · see the full citation network in Lexace

Judgment (excerpt)

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SUPREME COURT REPORTS
[2020] 2 S.C.R.
MADRAS BAR ASSOCIATION
v.
UNION OF INDIA & ANR.
(Writ Petition (C) No. 804 of 2020)
NOVEMBER 27, 2020
[L. NAGESWARA RAO, HEMANT GUPTA AND
S. RAVINDRA BHAT, JJ.]
Tribunal, Appellate Tribunal and other Authorities
[Qualification, Experience and other conditions of service of
Members] Rules, 2020 – National Tribunals Commission –
Constitution of – Held: The Union of India directed to constitute a
National Tribunals Commission which shall act as an independent
body to supervise the appointments and functioning of Tribunals,
as well as to conduct disciplinary proceedings against members of
Tribunals and to take care of administrative and infrastructural
needs of the Tribunals, in an appropriate manner – Till the National
Tribunals Commission is constituted, a separate wing in the Ministry
of Finance, Government of India shall be established to cater to
the requirements of the Tribunals.
Tribunal, Appellate Tribunal and other Authorities
[Qualification, Experience and other conditions of service of
Members] Rules, 2020 – Search-cum-Selection Committee –
Composition of – Held: The Search-cum-Selection Committees
should comprise of the following members: (i) The Chief Justice of
India or his nominee—Chairperson (with a casting vote); (ii) The
outgoing Chairman or Chairperson or President of the Tribunal in
case of appointment of the Chairman or Chairperson or President
of the Tribunal (or) the sitting Chairman or Chairperson or President
of the Tribunal in case of appointment of other members of the
Tribunal (or) a retired Judge of the Supreme Court of India or a
retired Chief Justice of a High Court in case the Chairman or
Chairperson or President of the Tribunal is not a Judicial member
or if the Chairman or Chairperson or President of the Tribunal is
seeking re-appointment—member; (iii) Secretary to the Ministry of
Law and Justice, Government of India—member; (iv) Secretary to
the Government of India from a department other than the parent
   [2020] 2 S.C.R. 246
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or sponsoring department, nominated by the Cabinet Secretary––
member; (v) Secretary to the sponsoring or parent Ministry or
Department—Member Secretary/Convener (without a vote) – Till
amendments are carried out, the 2020 Rules shall be read in the
manner indicated – Further, r. 4(2) of the 2020 Rules shall be
amended to provide that the Search-cum-Selection Committee shall
recommend the name of one person for appointment to each post
instead of a panel of two or three persons for appointment to each
post.
Tribunal, Appellate Tribunal and other Authorities
[Qualification, Experience and other conditions of service of
Members] Rules, 2020 – rr.9(1) and 9(2) – Term of office of the
Chairpersons, vice-chairpersons and the members of the Tribunal
– Modification of the Rules, 2020 – Held: In view of the law laid
down in the earlier judgments of the Supreme Court, the modification
of the tenure is directed in rr. 9(1) and 9(2) of the 2020 Rules as
five years in respect of Chairman or Chairperson, Vice Chairman
or Vice-Chairperson and the members – The Government to amend
r. 9 (1) of the 2020 Rules by making the term of Chairman,
Chairperson or President as five years or till they attain 70 years,
whichever is earlier and other members dealt with in r. 9(2) as five
years or till they attain 67 years, whichever is earlier.
Tribunal, Appellate Tribunal and other Authorities
[Qualification, Experience and other conditions of service of
Members] Rules, 2020 – r. 15 – House Rent Allowance to the
Chairperson and other members of the Tribunals – The lack of
housing in Delhi has been one of the reasons for retired judges of
the High Courts and the Supreme Court to not accept appointments
to Tribunals – Held: The Government of India directed to make
serious efforts to provide suitable housing to the Chairperson and
the members of the Tribunals and in case providing housing is not
possible, to enhance the house rent allowance to Rs.1,25,000/- for
members of Tribunals and Rs.1,50,000/- for the Chairman or
Chairperson or President and Vice Chairman or Vice Chairperson
or Vice President of Tribunals – In other words, an option should
be given to the Chairperson and the members of the Tribunals to
either apply for housing accommodation to be provided by the
Government of India as per the existing rules or to accept the
enhanced house rent allowance.
MADRAS BAR ASSOCIATION v. UNION OF INDIA & ANR.
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