Tribunal, Appellate Tribunal and other Authorities [Qualification, Experience and other conditions of service of Members] Rules, 2020 – National Tribunals Commission – Constitution of – Held: The Union of India directed to constitute a National Tribunals Commission which shall act as an independent body to supervise the appointments and functioning of Tribunals, as well as to conduct disciplinary proceedings against members of Tribunals and to take care of administrative and infrastructural needs of the Tribunals, in an appropriate manner – Till the National Tribunals Commission is constituted, a separate wing in the Ministry of Finance, Government of India shall be established to cater to the requirements of the Tribunals.

Tribunal, Appellate Tribunal and other Authorities [Qualification, Experience and other conditions of service of Members] Rules, 2020 – Search-cum-Selection Committee – Composition of – Held: The Search-cum-Selection Committees should comprise of the following members: (i) The Chief Justice of India or his nominee—Chairperson (with a casting vote); (ii) The outgoing Chairman or Chairperson or President of the Tribunal in case of appointment of the Chairman or Chairperson or President of the Tribunal (or) the sitting Chairman or Chairperson or President of the Tribunal in case of appointment of other members of the Tribunal (or) a retired Judge of the Supreme Court of India or a retired Chief Justice of a High Court in case the Chairman or Chairperson or President of the Tribunal is not a Judicial member or if the Chairman or Chairperson or President of the Tribunal is seeking re-appointment—member; (iii) Secretary to the Ministry of Law and Justice, Government of India—member; (iv) Secretary to the Government of India from a department other than the parent or sponsoring department, nominated by the Cabinet Secretary–– member; (v) Secretary to the sponsoring or parent Ministry or Department—Member Secretary/Convener (without a vote) – Till amendments are carried out, the 2020 Rules shall be read in the manner indicated – Further, r. 4(2) of the 2020 Rules shall be amended to provide that the Search-cum-Selection Committee shall recommend the name of one person for appointment to each post instead of a panel of two or three persons for appointment to each post.

Tribunal, Appellate Tribunal and other Authorities [Qualification, Experience and other conditions of service of Members] Rules, 2020 – rr.9(1) and 9(2) – Term of office of the Chairpersons, vice-chairpersons and the members of the Tribunal – Modification of the Rules, 2020 – Held: In view of the law laid down in the earlier judgments of the Supreme Court, the modification of the tenure is directed in rr. 9(1) and 9(2) of the 2020 Rules as five years in respect of Chairman or Chairperson, Vice Chairman or Vice-Chairperson and the members – The Government to amend r. 9 (1) of the 2020 Rules by making the term of Chairman, Chairperson or President as five years or till they attain 70 years, whichever is earlier and other members dealt with in r. 9(2) as five years or till they attain 67 years, whichever is earlier.

Tribunal, Appellate Tribunal and other Authorities [Qualification, Experience and other conditions of service of Members] Rules, 2020 – r. 15 – House Rent Allowance to the Chairperson and other members of the Tribunals – The lack of housing in Delhi has been one of the reasons for retired judges of the High Courts and the Supreme Court to not accept appointments to Tribunals – Held: The Government of India directed to make serious efforts to provide suitable housing to the Chairperson and the members of the Tribunals and in case providing housing is not possible, to enhance the house rent allowance to Rs.1,25,000/- for members of Tribunals and Rs.1,50,000/- for the Chairman or Chairperson or President and Vice Chairman or Vice Chairperson or Vice President of Tribunals – In other words, an option should be given to the Chairperson and the members of the Tribunals to either apply for housing accommodation to be provided by the Government of India as per the existing rules or to accept the enhanced house rent allowance.

Tribunal, Appellate Tribunal and other Authorities [Qualification, Experience and other conditions of service of Members] Rules, 2020 – Advocates as Judicial members – Held: An Advocate of a High Court with experience of ten years is qualified for appointment as a Judge of the High Court as per Art. 217 (2) of the Constitution of India – As the qualification for an advocate of a High Court for appointment as a Judge of a High Court is only 10 years, thus, the experience at the bar should be on the same lines for being considered for appointment as a judicial member of a Tribunal – However, it is left open to the Search-cumSelection Committee to take into account experience of the Advocates at the bar and the specialization of the Advocates in the relevant branch of law while considering them for appointment as judicial members.

Tribunal, Appellate Tribunal and other Authorities [Qualification, Experience and other conditions of service of Members] Rules, 2020 – Members of Indian Legal Service – Eligibility of – Held: The members of Indian Legal Service are entitled to be appointed only as technical members – The members of Indian Legal Service shall be entitled to be considered for appointment as a judicial member subject to their fulfilling the other criteria which advocates are subjected to – In addition, the nature of work done by the members of the Indian Legal Service and their specialization in the relevant branches of law shall be considered by the Search-cum-Selection Committee while evaluating their candidature.

Tribunal, Appellate Tribunal and other Authorities [Qualification, Experience and other conditions of service of Members] Rules, 2020 – Removal of members – r. 8 – Held: r. 8 of the 2020 Rules shall be amended to reflect that the recommendations of the Search-cum-Selection Committee in matters of disciplinary actions shall be final and the recommendations of the Search-cumSelection Committee shall be implemented by the Central Government.

Tribunal, Appellate Tribunal and other Authorities [Qualification, Experience and other conditions of service of Members] Rules, 2020 – Time Limit for appointment – Held: The pendency of cases in the Tribunals is increasing mainly due to the lack of personnel in the Tribunals which is due to the delay in filling up the vacancies as and when they arise due to the retirement of the members – There is an imminent need for expediting the process of selections and appointments to ensure speedy justice – The Government of India directed to make the appointments to the Tribunals within three months after the Search-cum-Selection Committee completes the selection and makes its recommendations. Tribunal, Appellate Tribunal and other Authorities [Qualification, Experience and other conditions of service of Members] Rules, 2020 – Retrospectivity of the 2020 Rules – The Government of India contended that the new Rules, 2020 have been framed in exercise of powers under the Finance Act, 2017, the 2020 Rules would be effective from 26.05.2017 – Held: The 2020 Rules which came into force from the date of their publication in the Official Gazette, i.e. 12.02.2020, cannot be given retrospective effect – The intention of Government of India to make the 2020 Rules prospective is very clear from the notification dated 12.02.2020 – In any event, subordinate legislation cannot be given retrospective effect unless the parent statute specifically provides for the same – It is clarified that all appointments made prior to the 2020 Rules which came into force on 12.02.2020 shall be governed by the parent Acts and Rules – Any appointment made after the 2020 Rules have come into force shall be in accordance with the 2020 Rules subject to the modifications directed in the preceding paragraphs of this judgment