VidhiSangh

Supreme Court of India · 12/02/2021

THE INTERNATIONAL ASSOCIATION FOR PROTECTION OF INTELLECTUAL PROPERTY (INDIA GROUP) versus UNION OF INDIA

[2021] 1 S.C.R. 799 · 2021 INSC 83

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Summary

The Supreme Court refused a further extension of the incumbent IPAB Chairperson’s tenure. His appointment had ended before the 2017 tribunal rules were struck down, and the Finance Act’s outer limits did not themselves confer a right to remain in office until seventy or for five years. The Court also rejected the asserted inability of the then technical members to function without him, relying on the statutory acting-chairperson arrangements and their legal qualifications.

Issues

  1. Whether the Finance Act, 2017 and subsequent tribunal judgments entitled the incumbent IPAB Chairperson to continue after his stipulated tenure.
  2. Whether the absence of another judicial member required extension because the Board otherwise could not function.

Provisions considered

Held

Result

Application for further continuation of the incumbent IPAB Chairperson dismissed, without costs.

Judgment PDF: Supreme Court of India, [2021] 1 S.C.R. 799.