SC Clarifies Its Order On Appointments In Tribunals, Bars Litigation On Selection Process [Read Order]

The Supreme Court has clarified its order that accepted suggestions made by the Central Administrative Tribunal Bar Association with regard to appointments of chairpersons and judicial/administrative/technical/expert members for all tribunals.

The Bench comprising Chief Justice Dipak Misra and Justices AK Khanwilkar and DY Chandrachud also held that the selection process that has commenced shall continue and no litigation in that regard shall be entertained. Any other grievance, in this regard, shall be dealt with at the time of final hearing of the main case.

After hearing the Attorney General, the bench headed by Chief Justice of India Dipak Misra issued the following directions:

• The appointment of the Chairpersons of the Tribunals shall be made by the Central Government in consultation with the Chief Justice of India;


• The Search-cum-Selection Committee for the appointment of Judicial Members of the Central Administrative Tribunal shall also proceed with the selection of Administrative Members;


• The tenure of the Chairperson and the Judicial/Administrative/Expert/Technical Members of all the Tribunals shall be for a period of five years or the maximum age that was fixed/determined under the old Acts and Rules;


• The Committee that has been constituted for selection of the Members of the Central Government Industrial Tribunal shall proceed as per our previous order as it has already proceeded with its work.

The court also accepted the prayer to allow the members who are continuing in National Consumer Disputes Redressal Commission (NCDRC), and whose terms have been allowed to continue till 15th March, 2018, including the chairperson, to continue till 31.05.2018.

The bench had earlier issued orders in writ petitions challenging sections 182, 183, 184 and 185 of the Finance Act of 2017 and the rules framed under the said Section 184, in so far as the rules leave the appointment, tenure and removal of presiding officers and members of 18 tribunals at the behest of the executive and dilute the qualification criterion in respect thereof.

The court has posted the case in the second week of July for final disposal.