Case Title: Madras Bar Association V. Union of India & Anr.
The Supreme Court ordered the Central Government to establish a National Tribunal Commission in this significant ruling that would have an impact on how members of various tribunals are to be appointed.
A bench comprising Justices L Nageswara Rao, Hemant Gupta, and S Ravindra Bhat ruled that a distinct section under the Ministry of Finance should be created to serve the requirements of the Tribunals till the National Tribunal Commission is established.
The Court further ordered the Centre to change the regulations so that attorneys with ten years of experience may be appointed as judicial members in Tribunals. The "Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020" (the "Tribunal Rules 2020") have been the subject of a number of petitions that questioned its legitimacy. The Madras Bar Association filed the primary petition.
To ensure the independence and effectiveness of Tribunals, the Court has issued many directives to the Central Government requesting that they change the Tribunal Rules.
Directions:-
National Judicial Commission
The Union of India shall establish a National Tribunals Commission, which shall function as an independent body to oversee the appointment and operation of Tribunals, to carry out disciplinary actions against Tribunal members, and to appropriately address the administrative and infrastructural requirements of the Tribunals. A separate division under the Ministry of Finance of the Government of India must be formed to serve the needs of the Tribunals till the National Tribunals Commission is established.
Changes to the Search and Selection Committee's structure
The Search-cum-Selection Committees should consist of the following individuals rather than the four individuals listed in Column (4) of the Schedule to the 2020 Rules, including the Chief Justice of India or his nominee, the Tribunal's outgoing or current Chairman, Chairperson, or President, and two Secretaries to the Government of India:
Chairman: The Chief Justice of India or a candidate for him (with a casting vote).
If the Chairman, Chairperson, or President of the Tribunal is to be appointed, the outgoing Chairman, Chairperson, or President of the Tribunal; if the other members of the Tribunal are to be appointed, the current Chairman, Chairperson, or President of the Tribunal.
Member: Secretary, Government of India, Ministry of Law and Justice.
Cabinet Secretary-nominated Secretary to the Government of India from a department other than the sponsoring or parent department.
Member Secretary/Convener of the sponsoring or parent Ministry or Department (without a vote).
Attorneys with ten years of experience are now eligible for appointment.
The 2020 Rules will be changed to allow for the appointment of advocates with at least ten years of experience as judicial members of the Tribunals.
The Search-cum-Selection Committee shall take into account the experience of the Advocate at the bar and their expertise in the appropriate disciplines of law when evaluating Advocates for appointment as judicial members in the Tribunals. They will be eligible for reappointment for at least one term, with the service they provided to the Tribunals receiving preference.
The Indian Legal Service members may be appointed as judicial members of the Tribunals if they meet the requirements for advocates, subject to eligibility being determined by the Search-cum-Selection Committee based on their expertise and competence in the relevant area of law.
2020 Rules
Appointments made previous to the 2017 Rules are governed by the parent Acts and Rules that formed the relevant Tribunals. The parent Acts and Rules also applied to appointments made while Rojer Mathew v. South Indian Bank Ltd was pending, in light of the interim directions issued by the Court in that case. Any appointments made on or after February 2020, when the 2020 Rules came into effect, shall be regulated by the 2020 Rules, including the revisions outlined in the judgment.