Tribunals: India

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Filling the posts of judicial members in tribunals with bureaucrats

From the archives of The Times of India 2007, 2009

Slams packing of tribunals with babus

New Delhi: The SC on Tuesday paved the way for the functioning of the National Company Law Tribunal and its appellate tribunal, but slammed the practice of filling the posts of judicial members in tribunals with bureaucrats.

The upholding of the validity of amendments to the Companies Act for the birth of NCLT and NCLAT would now result in the transfer to these quasi-judicial bodies of all company-related cases pending before the Company Law Board, Board for Industrial and Financial Reconstruction and high courts.

A five-judge constitution Bench comprising Chief Justice K G Balakrishnan and Justices R V Raveendran, D K Jain, P Sathasivam and J M Panchal, however, were quite critical of the practice of filling the tribunals with bureaucrats saying adjudication of these matters needed judicial bent of mind.

Justice Raveendran, writing the judgment for the Bench, said that bureaucrats at best could be made technical members of the tribunals and all appointments to the post of presiding officers had to be made in consultation with a committee headed by CJI or his nominee and comprising a judge of the SC or the HC, secretaries in the ministries of company affairs and law and justice. TNN