press trust of india
New Delhi, Feb 9: The Supreme Court Friday paved the way for appointment of chairpersons, judicial and others members of all 19 tribunals including CAT and NGT that were stalled due to pendency of pleas challenging the 2017 Finance Act and the rules governing the panels.
The Finance Act and the Tribunal, Appellate and other Authorities (Qualifications, Experience and other conditions of Service of Members) Rules, which govern appointments, tenure, removal and other service conditions of chairpersons and members of tribunals, had been challenged on grounds including that they gave more powers to the executive and interfered with the judicial independence of the panels.
In an order, which virtually stayed the new law and the rules on tribunals, a bench headed by Chief Justice Dipak Misra said the appointments in tribunals such as Central Administrative Tribunal (CAT), National Green Tribunal (NGT) and Armed Forces Tribunal (AFT) would be made under the old rules with some modifications.
Attorney General KK Venugopal, appearing for the Centre, consented to the suggestions mooted to make functional an interim arrangement to fill up posts of chairpersons, judicial, administrative and technical or expert members on all panels.
The bench, also comprising Justices A M Khanwilkar and DY Chandrachud, said an interim search-cum-selection committee be set up during the pendency of the petitions to appoint judicial and administrative members in tribunals. The search panel would be headed by the CJI or his nominee.
The chairpersons of tribunals to which appointments will be made and two secretaries, nominated by the central government, would be the members of the committee.
“Appointment to the post of chairman (of tribunals) shall be made by nomination by the CJI,” the suggestion, approved by the court, said.
Juvenile Justice Act gets apex court push
New Delhi: The Supreme Court Friday passed a slew of directions for the effective implementation of the Juvenile Justice Act and asked the Centre and states to ensure that all positions in national and state commissions for the protection of child rights are filled up. A bench of Justices Madan B Lokur and Deepak Gupta also directed the states to ensure that all positions in juvenile justice boards and Child Welfare Committees are filled up expeditiously and in accordance with rules. Any delay in filling up the positions might adversely impact on children and this should be avoided, the bench said. The top court also asked all high courts to seriously consider establishing child-friendly courts and vulnerable witness courts in each district.