Benami Act provision allowing bureaucrats to be judicial members of appellate tribunal unconstitutional: Madras High Court

The Court found that while the legislature could determine qualification for technical members, the Supreme Court had held that only judges and advocates could be considered for appointment as judicial members.
Madras High Court
Madras High Court

The Madras High Court recently declared unconstitutional Section 32(2)(a) of the Prohibition of Benami Property Transactions Act, 1988, which made a member of the Indian Legal Service eligible for appointment as a judicial member in the appellate tribunal under the Act [V Vasanthakumar v. Union of India].

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