https://www.taxtmi.com/caselaws?id=109061 Parliament had competence to create company law tribunals, but the tribunal scheme was held unconstitutional because its design did not secure real independence from executive control. The short tenure, retention of lien with parent service, executive-dominated selection, vague qualification criteria, and central control over finance and administration were said to compromise impartiality and judicial character, including in winding-up matters. The transfer of mainly administrative powers to the Central Government was upheld because it did not intrude on the core judicial function. The constitutional defect was confined to the tribunal provisions as framed, which required suitable amendment before valid exercise of the transferred jurisdiction. en-us Tue, 30 Mar 2004 00:00:00 +0530 Thu, 05 Apr 2012 16:47:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=109061 Parliament had competence to create company law tribunals, but the tribunal scheme was held unconstitutional because its design did not secure real independence from executive control. The short tenure, retention of lien with parent service, executive-dominated selection, vague qualification criteria, and central control over finance and administration were said to compromise impartiality and judicial character, including in winding-up matters. The transfer of mainly administrative powers to the Central Government was upheld because it did not intrude on the core judicial function. The constitutional defect was confined to the tribunal provisions as framed, which required suitable amendment before valid exercise of the transferred jurisdiction. Case-Laws Companies Law Tue, 30 Mar 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=109061