MADRAS BAR ASSOCIATION VS UNION OF INDIA (2020) : CASE SUMMARY
The Supreme Court in Madras Bar Association Vs Union of India (2020) 2 SCR 246 issued directions for Constitution of National Tribunals Commission. The Supreme Court also issued several directions to ensure independence of Tribunals.
FACTS OF THE CASE
The Supreme Court in Roger Mathew vs South Indian Bank (2020) 6SCC 1 has struck down Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules 2017 made under Section 184 of Finance Act, 2017. The Central Government notified fresh rules under Section 184 of Finance Act, 2017. Madras Bar Association filed Writ Petition under Article 32 seeking declaration that the said rules are in violation of Article 14, 21 and 50 of the Constitution, principle of separation of powers and independence of judiciary.
FINDINGS OF THE SUPREME COURT
It was contended before the Supreme Court that Search-Cum-Selection Committee did not confirm to the principle of judicial dominance. Appointment of persons without judicial experience to the post of Chairman and Members are against prior directions of the Supreme Court. Terms of office of members of four years are against earlier judgments of the Supreme Court. Advocates are not being made eligible for most of the positions. Administrative control of the executive in the matter of appointment and conditions of service is in violation of principles of separation of powers and independence of judiciary.
The Supreme Court issued following important directions in this matter.
- The Supreme Court directed for constitution of National Tribunals Commission which will be an independent body to supervise the appointments and functioning of tribunals. Such Tribunal will also conduct disciplinary proceedings against members of tribunals.
- Search -cum- Selection Committee will include (i) the Chief Justice of India or his nominee, (ii) outgoing chairman, chairperson, or president in case of appointment of chairman, chairperson or president (or) sitting chairman, chairperson, or president in case of appointment of other members (or) retired judge of Supreme Court or retired chief justice of High Court in case sitting chairman, chairperson or president is not a judicial member or seeking reappointment, (iii) Secretary of Ministry of Law and Justice, (iv) Secretary of Government of India from other than parent of sponsoring department nominated by cabinet secretary (v) Secretary of sponsoring or parent department – without a vote.
- Search-cum- Selection Committee will only recommend one name for appointment to a post.
- Efforts will be made to provide suitable house to Chairman, Chairperson, President and other members. In case house is not allotted, Union of India has to pay an amount of Rs, 1,50,000/- to Chairman, Chairperson, President, Vice- Chairman, Vice-Chairperson, and Vice-President and Rs, 1,25,000/- to other members as House Rent Allowance.
- Advocates having more than 10 years of experience will be eligible for appointment as judicial members.
- The members of Indian Legal Service will be also eligible for appointment as judicial members.
- The recommendations of Search -Cum- Selection Committee in respect of disciplinary proceedings will be final and such recommendation will be implemented by the Central Government.
- Union of India has to make appointment within three months of recommendation made by Search -cum- Selection Committee.
The Supreme Court observed that dispensation of justice by Tribunals will be effective only if they function independent of any executive control. The Supreme Court noted that several directions given to the Union to ensure independence of the Tribunals, but the same have not been heeded to forcing the Petitioner to approach Supreme Court time and again.
The Supreme Court directed Union of India to strictly adhere to the directions given in this matter so that the Petitioner is not forced again to knock its door.
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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.