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SC stays new Tribunal Rules

The Supreme Court on Friday effectively stayed the applicability of provisions of the Central Tribunal, Appellate Tribunal and other Authorities (Qualification, experience and other conditions of service of members) Rules, 2017 which gave the government primacy in making key appointments to tribunals, including the National Green Tribunal.

A Bench led by Chief Justice of India Dipak Misra, acting on a petition filed by Congress MP Jairam Ramesh, directed that the terms and conditions of service of members of the National Green Tribunal shall be governed by the provisions of the National Green Tribunal Act, 2010.

The Bench also accepted the suggestions made by the Central Administrative Tribunal (CAT) Bar Association, represented by senior advocate C.A. Sundaram, which froze the implementation of the new Rules framed under the Finance Act of 2017.

Primarily, the court accepted the formation of an interim search-cum-selection committee in respect for appointment of both judicial and administrative members to CAT.

The panel includes, the Chief Justice of India or his nominee, Chairman of the Central Administrative Tribunal, and two secretaries nominated by the Government of India.

The court has been pushing for an interim arrangement to be arrived at in respect of the composition of the committee appointing members to key tribunals.

It is considering the question whether the 2017 Rules were a blow to the independence of the tribunals.

It has been argued that the Finance Act (and the rules framed thereunder) strikes at the root of the independence of quasi-judicial bodies, such as the National Green Tribunal.

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Printable version | Feb 28, 2020 7:46:32 PM | https://www.thehindu.com/news/national/sc-stays-new-tribunal-rules/article22708072.ece

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