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SC condemns rules of appointing regulators at tribunals | India news



NEW DELHI: The Supreme Court on Wednesday overturned a rule that makes the Center regulate the appointment of tribunal members and appellate tribunals, saying the government by itself giving a dominant and overwhelming voice to appointments is a "denial" of judicial independence.
The court said the presumption selection committees, as provided in the rules, are against the constitutional scheme because they dilute the involvement of the judiciary in the process of appointing tribunal members and what it means to infringe executive power over the judiciary.
The court instructed the government to conduct a new exercise in accordance with the principles listed earlier by the Apex court. "The rules of the Tribunal, the Appellate Tribunal and other competent bodies (qualifications, experience and other conditions of use of members), 2017, suffer from various weaknesses," said five-judge Chief Justice Rajan Gogoi and Judges HN Ramana. , Dewey Chandrachood, Deepak Gupta and Sanjiv Kana.
The court held that "these rules formulated by the Central Government pursuant to section 184 of the Finance Act 2017, which are contrary to the Law on Parents and the principles set forth in the Constitution, as interpreted by this Court, have been repealed in their entirety."
The committee asked the Center to re-formulate the rules strictly in accordance with the principles outlined by Apex court and said the new rules provide non-discriminatory and uniform conditions of service, including a secured term, given that the chairman and members appointed after retirement and which are caused by the Bar or other specialized professions / services, are two separate and separate homogenous classes.
The bench also said that the Center should conduct an impact assessment of the judiciary on all tribunals referring to the Finance Act 2017 in order to analyze the consequences of changes in their framework and asked the Ministry of Justice and Justice to carry out such exercise and submit findings to the competent legislative authority. It also allowed the Center to conduct a merger exercise with existing tribunals and thereafter to represent an appropriate number of benches commensurate with the existing and expected workload.
The bench notes that the Center has adopted a "dominant" vote in deciding appointments as a "selection-search committee for all 17 tribunals listed in the schedule is made up or entirely of staff nominated by the central government or containing a majority of government staff. " Justice Chandrachood and Gupta wrote separate but concurring rulings and agreed with the SPP's opinion.
"The central government is the largest court case before the tribunals, formed under various statutes. Allowing the executive to oversee the various aspects of the tribunals would be a destructive judicial independence which is a fundamental feature of the Constitution. The rules for 2017 are destructive to judicial independence and are unconstitutional, ”Justice Chandrachood said.
The court also recommended the establishment of an independent legal body, the "National Commission for Tribunals", to oversee the process of selection of members, lay down criteria for appointment, pay, remuneration and removal of presidents and members of tribunals.


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