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1. A landmark decision has been rendered today by a Three Judge Bench of Supreme Court on the subject of tribunalisation and the independence & efficiency of tribunals. We've been consistently expressing concern on these issues since long. Some Key Points of +
1. A landmark decision has been rendered today by a Three Judge Bench of Supreme Court on the subject of tribunalisation and the independence & efficiency of tribunals. We've been consistently expressing concern on these issues since long. Some Key Points of +
2. + the decision are as follows:
A. National Tribunal Commission (NTC) to be constituted.
B. Till NTC is constituted, a separate wing will look after matters concerning tribunals, and the said tribunals would not be dependent under sponsoring/administrative ministries.
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A. National Tribunal Commission (NTC) to be constituted.
B. Till NTC is constituted, a separate wing will look after matters concerning tribunals, and the said tribunals would not be dependent under sponsoring/administrative ministries.
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3. +
C. The Secretary of the sponsoring/administrative ministry or department would not have a vote in the selections of Members. Hence, for example, the Secretary MoEF cannot have a say in the selections for NGT.
D. Members will have an enhanced tenure of 5 years.
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C. The Secretary of the sponsoring/administrative ministry or department would not have a vote in the selections of Members. Hence, for example, the Secretary MoEF cannot have a say in the selections for NGT.
D. Members will have an enhanced tenure of 5 years.
+
4. +
E. Members not provided with official accommodation shall be paid Rs 1.25 lac as House Rent Allowance (Rs 1.5 lac for Chairpersons).
More details in a detailed post somewhere :)
The legal community must thank Mr Arvind Datar, Senior Advocate, and the Madras Bar Assn +
E. Members not provided with official accommodation shall be paid Rs 1.25 lac as House Rent Allowance (Rs 1.5 lac for Chairpersons).
More details in a detailed post somewhere :)
The legal community must thank Mr Arvind Datar, Senior Advocate, and the Madras Bar Assn +
5. + for their steadfast support to the cause of independence of tribunals & ancillary subjects all throughout. The Constitution Bench decisions of 2010 & 2014 in writs filed by the MBA are guiding lights in the matter. The AFT Bar Assn through its Secretary, Col Rajiv Manglik +
6. + had also filed a writ petition which was tagged with the bunch led by the MBA.
Thank You everyone. Any remaining issues shall be suitably addressed.
End of Thread.
Thank You everyone. Any remaining issues shall be suitably addressed.
End of Thread.
Addendum:
A recent opinion piece co-authored by me on the subject is here: https://www.hindustantimes.com/analysis/safeguarding-the-autonomy-of-tribunals/story-sTaztHIM2iZBhyaUTowxVM.html
A recent opinion piece co-authored by me on the subject is here: https://www.hindustantimes.com/analysis/safeguarding-the-autonomy-of-tribunals/story-sTaztHIM2iZBhyaUTowxVM.html
Addendum 2:
A recent analysis on the requirement of a National Tribunal Commission for @barandbench is here: https://www.barandbench.com/columns/a-national-body-to-administer-tribunals-ordained-by-law-stalled-by-rigidity
A recent analysis on the requirement of a National Tribunal Commission for @barandbench is here: https://www.barandbench.com/columns/a-national-body-to-administer-tribunals-ordained-by-law-stalled-by-rigidity
