https://www.taxtmi.com/article/detailed?id=6296 Validity of statutory tribunals hinges on preserving salient characteristics of the court replaced and providing institutional safeguards. The Companies Act provisions creating NCLT and NCLAT were upheld because they prescribe member qualifications, selection procedures, terms of office and an appellate structure permitting reconsideration of fact and law, with a narrower appeal on law to the apex court. By contrast, the National Tax Tribunal provisions were struck down for attempting to divest High Court judicial review over pure questions of law without equivalent safeguards, undermining the constitutional scheme. en-us Thu, 04 Jun 2015 08:34:01 +0530 Fri, 22 Jun 2018 17:20:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/article/detailed?id=6296 Validity of statutory tribunals hinges on preserving salient characteristics of the court replaced and providing institutional safeguards. The Companies Act provisions creating NCLT and NCLAT were upheld because they prescribe member qualifications, selection procedures, terms of office and an appellate structure permitting reconsideration of fact and law, with a narrower appeal on law to the apex court. By contrast, the National Tax Tribunal provisions were struck down for attempting to divest High Court judicial review over pure questions of law without equivalent safeguards, undermining the constitutional scheme. Articles Corporate Laws / IBC / SEBI Thu, 04 Jun 2015 08:34:01 +0530 https://www.taxtmi.com/article/detailed?id=6296