Central govt notifies new Tribunal Rules; lawyers with experience can now be appointed as judicial members

With the notification of the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2021 , experienced lawyers can now serve as judicial members of various tribunals across the country.

. The amended Rules were notified by the Union Finance Ministry on June 30.

. The Schedule under the Rules laying down the qualifications of Chairpersons, Presidents and members of tribunals have also been amended to lay down that only those members of the Indian Legal Service with ten years of experience in litigation will be eligible for appointment as judicial members.

. Given below are the qualifications required for advocates to be members of tribunals:

Income Tax Appellate Tribunal (ITAT) - (b) member of the Indian Legal Service with ten years of experience in litigation and has held a post of Additional Secretary or any equivalent or higher post for two years; or (c) advocate for ten years with substantial experience in litigation under income tax laws in ITAT, High Court or Supreme Court.

Customs, Excise and Service Tax Appellate Tribunal (CESTAT) - (b) member of the Indian Legal Service with ten years of experience in litigation and has held a post of Additional Secretary or any equivalent or higher post for two years; or (c) advocate for ten years with substantial experience in litigation under indirect tax laws in Customs, Excise and Services.

Central Administrative Tribunal (CAT) - (v) has, for ten years, been an advocate with substantial experience in litigation in service matters in Central Administrative Tribunal, Armed Forces Tribunal, High Court or Supreme Court

Railway Claims Tribunal - (c) has been an advocate for ten years with substantial experience in litigation in claim settlements pertaining to damage to life and property in Railway Claims Tribunal, High Court or Supreme Court.

Securities Appellate Tribunal SAT - (ii) has been an advocate for ten years with substantial experience in litigation in matters relating to financial sector before Securities Exchange Board of India, Securities Appellate Tribunal, High Court or Supreme Court.

Debts Recovery Appellate Tribunal (DRAT) - (b) member of the Indian Legal Service with ten years of experience in litigation and has held a post of Additional Secretary or any equivalent or any higher post for two years;

National Company Law Appellate Tribunal (NCLAT) - (c) has been an advocate for ten years with substantial experience in litigation in matters relating to company affairs before National Company Law Tribunal, National Company Law Appellate Tribunal, High Court or Supreme Court.

Appellate Tribunal for Electricity - (c) has been an advocate for ten years with substantial experience in litigation in matters relating to power sector before Central Electricity Regulatory Commission, State Electricity Regulatory Commission, Appellate Tribunal for Electricity, High Court or Supreme Court.

Armed Forces Tribunal (AFT) - (b) has, for ten years, been an advocate with substantial experience in litigation in service matters in Central Administrative Tribunal, Armed Forces Tribunal, High Court or Supreme Court or has served for not less than one year as Judge Advocate General in the Army or the Navy or the Air Force, and is not below the rank of Major General, Commodore and Air Commodore respectively;

National Green Tribunal (NGT) - (c) has, for ten years, been an advocate with substantial experience in litigation in matters relating to environment and forest in National Green Tribunal, High Court or Supreme Court.

. Rules laying down Method of Recruitment (Rule 4) , Removal of Member from Office (Rule 7) , and Term of Office of Member (Rule 9) , have been omitted from the principal Rules.

. The new Rules also envision a change in House Rent Allowance (HRA) that heads and members of tribunals will be eligible. The amended Rule 15 states that Chairpersons, Vice-Chairpersons, Presidents and Vice-Presidents will be eligible for HRA of Rs. 1,50,000 per month, whereas Presiding Officers and members shall be eligible for HRA of Rs. 1,25,000 per month.

. An explanation attached to the amended Rules specifies that the amendment in Rule 15 is applicable retrospectively with effect from January 1, 2021 in line with the Supreme Court judgment in Madras Bar Association v. Union Of India .

. The Supreme Court is currently hearing another plea by Madras Bar Association challenging Sections 12 and 13 of the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 .

. [Read Notification Here]

Central govt notifies new Tribunal Rules; lawyers with experience can now be appointed as judicial members

Shagun Suryam

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