Supreme Court calls for extension of tenures of Tribunal members till December 31, reserves verdict in challenge to Tribunal Rules

The Supreme Court today directed for the extension of tenures till December 31 of all members of Tribunals who are scheduled to retire while the Court's decision on the challenge to the Tribunal Rules of 2020 remains pending.

. While directing for the extension of tenures, the Bench of Justices L Nageswara Rao, Hemant Gupta and S Ravindra Bhat also proceeded to reserve its judgment in the petition filed by Madras Bar Association assailing the Tribunal Rules of 2020.

. It has been contended before the Court that the 2020 Rules are in contravention of Articles 14, 21, and 50 of the Constitution of India and thus should be struck down.

. One of the points of contention in the petition is that the new Rules provide for a four-year tenure for the members appointed to the Tribunals. This figure of four years is not only in violation of the Supreme Court's precedents in judgments of SP Sampat Kumar as well as Rojer Mathew , it will also disincentivise lawyers from seeking appointment, it was contended by the petitioning association.

. Senior Counsel Arvind Datar , representing the MBA primarily argued for quashing of the Rules of 2020. He however, argued that should the Court decide in favour of upholding the Rules, the aspects such as four-year tenure for members, ineligibility of advocates for consideration for some Tribunals, ILS members made eligible for presiding position, among others, need to be reconsidered.

. Attorney General KK Venugopal defended the Rules and presented the government's position to say that the four-year tenure cones with the provision of reappointment if the member is found to be with proper conduct.

. During the course of the hearing today, on being asked by the Court about the suggestion of setting up the National Commission for Tribunals, as was recommended by the Apex Court in the case of L Chandra Kumar , AG. Venugopal said it would be the most conducive way to address the issue of Tribunals.

. Venugopal, in fact, proceeded to request the Court to reiterate this recommendation while also undertaking to make the suggestion to the government.

. After concluding the hearing in the petition, the Court passed an order to extend the tenures of the members due to retire shortly in order to prevent any vacuum from forming. The tenure stands extended till December 31 for all such members in the interest of uniformity, the Court said. It added further that after the judgment in the case is delivered, the appointment process may also require some time for completion.

.Supreme Court reserves orders in challenge to Tribunal Rules 2020: LIVE UPDATES . Read Order:

Supreme Court calls for extension of tenures of Tribunal members till December 31, reserves verdict in challenge to Tribunal Rules

Shruti Mahajan

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