Summary
In challenges to the 2020 Tribunal Rules, the Court directed changes safeguarding judicial independence in selection, tenure, eligibility and disciplinary control. It ordered a National Tribunals Commission, with an interim tribunals wing in the Finance Ministry, and prescribed appointment deadlines and housing relief. The Rules were prospective from 12 February 2020; specified completed appointments and selections were protected.
Issues
- What changes to tribunal selection, tenure, eligibility and administration were necessary to secure judicial independence.
- Whether the 2020 Rules operated retrospectively and how existing appointments and selections should be treated.
Held
- The Union must establish a National Tribunals Commission to supervise appointments, functioning, discipline and administrative and infrastructural needs. Pending its constitution, a separate wing in the Ministry of Finance must serve the tribunals. (¶¶ 20, 53)
- The selection committee must comprise the Chief Justice of India or nominee as chair with a casting vote, the specified judicial tribunal chair or substituted retired Supreme Court judge or High Court Chief Justice, the Law Secretary and a Secretary from a non-parent department nominated by the Cabinet Secretary. The parent department Secretary serves as non-voting convener. A non-judicial chair or one seeking reappointment must be replaced by the specified retired judge. (¶¶ 27, 28, 29, 30, 53)
- The committee must recommend one person for each vacancy, with another name permissible on a waiting list, rather than giving the executive a panel of two or three. Tribunal appointments must be made within three months of the committee’s recommendations. (¶¶ 31, 47, 53)
- Tenure must be five years with eligibility for reappointment, subject to the age limits of seventy for chairpersons and sixty-seven for vice-chairpersons and other members. Advocates with at least ten years’ experience must be eligible for judicial membership, with relevant experience and specialization considered and preference for service rendered when considering reappointment for at least one term. (¶¶ 35, 36, 39, 40, 41, 44, 53)
- Indian Legal Service members may be considered for judicial membership if they fulfil the criteria applicable to advocates, with suitability assessed by experience and specialization. The committee’s disciplinary recommendations must be final and implemented by the Central Government. (¶¶ 42, 43, 45, 46, 53)
- Suitable housing must be provided; where unavailable, monthly house rent allowance is Rs.1.5 lakh for chairpersons and vice-chairpersons and Rs.1.25 lakh for other members, effective 1 January 2021. (¶¶ 38, 53)
- The 2020 Rules operate prospectively from 12 February 2020, subject to the ordered modifications; earlier appointments remain governed by the applicable parent Acts, Rules and interim directions. Existing appointments conforming to recommendations under the unmodified 2020 Rules are saved, and completed selections under those Rules must result in appointments within three months of judgment without challenge solely for inconsistency with these modifications. (¶¶ 48, 49, 50, 51, 52, 53)
Result
Writ petitions, transfer petitions, civil appeals and applications disposed of with binding directions modifying the operation of the 2020 Rules, protecting specified appointments and selections, and requiring strict implementation by the Union.