Summary
In this February 2018 interim order concerning tribunal appointments, the Supreme Court clarified how its directions of 9 February affected selection processes already underway. It permitted identified substantially advanced selections and certain CJI-nominated committees to proceed, while applying the interim arrangement to the remaining specified selections. The order addressed transitional appointments and did not finally decide the challenge to the 2017 tribunal rules.
Issues
- Which tribunal selection processes could continue despite the interim directions of 9 February 2018.
- How the stage of selection and composition of the committee affected the transitional arrangement.
- What terms governed eligible ongoing selection processes.
Held
- The accepted interim arrangement included the Attorney General’s modifications: service conditions and appointment periods were to follow the old Acts and Rules. The original suggestions concerning High Court judge conditions and immunity from the final outcome were not adopted in their original form. (¶¶ 1, 2, 3)
- CESTAT, DRT/DRAT, CAT judicial-member, NCLAT and NCDRC member selections could proceed as specified in view of their progress. CAT administrative-member appointments remained governed by the 9 February directions; appointment of the NCDRC President was to be by CJI nomination. (¶¶ 7, 8, 9, 10, 11, 12)
- The order recorded the need for a fresh CJI nomination for the Authority for Advance Ruling after the nominated candidate’s death, recommendations concerning its Vice Chairman, and continuation of the APTEL committee’s work. (¶¶ 13, 14, 15)
- AFT selections could proceed because the relevant committee composition under the old and new rules was the same and recommendations had been made. Selection of the ITAT President could also continue on the recommendation already made. The remaining selections in the chart were subject to the interim directions, as specified. (¶¶ 16, 17)
- Where the CJI had nominated the search committee chairperson for a tribunal Chairperson, President or Presiding Officer and the committee had begun work by meeting, the process could continue on the advertised or notified eligibility and terms. Recommendations of the committees referred to in the order were to be further processed without obstruction from the 9 February order. (¶¶ 18, 19)
Result
Transitional directions issued for continuation of specified tribunal selections and application of the interim arrangement to the remaining identified processes.