Supreme Court Order: Committee for Tribunal Appointments Clarified

The Supreme Court continued the order for constituting a committee for appointments to Tribunals/Commissions, clarifying that a former Judge need not have worked in a Tribunal. It directed the Government to form the Committee within two months and report within three months. If no suitable candidate is available, a former High Court Judge can be appointed until legislative changes. The petitioner was granted liberty to approach the High Court again for their grievance, with the special leave petition being withdrawn. The case is set for further consideration on 13th November, 2018.

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Issues involved:
Constitution of a committee for appointment to Tribunals/Commissions, qualifications required for appointment, appointment of former Judges, directions to the Government, petitioner's grievance, liberty to move High Court, disposal of special leave petition.

Analysis:
The Supreme Court, in a recent judgment, continued the order dated 7th May, 2018, by directing the constitution of a committee for appointments to Tribunals/Commissions. The Court clarified that a former Judge of the Court need not have worked in a Tribunal as previously directed. It further directed that if the qualification required for appointment is a former Chief Justice or a former Supreme Court Judge and no suitable candidate is available, the appointment of any suitable former Judge of a High Court is permissible until a legislative amendment is made. The Government is tasked with constituting the Committee within two months, with a report due within three months thereafter. The Union of India is to take appropriate action based on the Committee's recommendations, with an affidavit of developments due by 31st October, 2018. The amicus curiae is allowed to present views before the Committee.

Regarding the petitioner, the Court did not delve into the merits of the grievance but granted liberty to approach the High Court again. The High Court is instructed to consider the matter on its merits in accordance with the law. The special leave petition was disposed of as withdrawn. The petitioner has the right to challenge the High Court's decision by following due legal procedures, including filing a petition in the Supreme Court. The case is listed for further consideration on 13th November, 2018.

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