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Supreme Court of India 2020-11-27 disposed

MADRAS BAR ASSOCIATION vs UNION OF INDIA & ANR

Bench: 3 — L. Nageswara Rao, Hemant Gupta, S. Ravindra Bhat

In Brief

The Supreme Court upheld the constitutional validity of the Tribunal, Appellate Tribunal and other Authorities (Qualification, Experience and Other Conditions of Service of Members) Rules, 2020, subject to substantial modifications to ensure judicial independence. The Court directed: (1) establishment of a National Tribunals Commission as an autonomous body to oversee tribunal appointments and functioning; (2) restructuring Search-cum-Selection Committees with judicial dominance (Chief Justice with casting vote, retired judges, non-sponsoring secretaries); (3) extending member tenure from four to five years; (4) making advocates with 10 years' experience eligible as judicial members; (5) enhanced housing or rent allowance; and (6) three-month appointment timeframe. The 2020 Rules apply prospectively from February 12, 2020.

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Constitutional Law Administrative Law Tribunals Judicial Independence Separation of Powers Rule of Law Judicial Review Service Conditions

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