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    <title>2021 (10) TMI 885 - Supreme Court</title>
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    <description>Legislation governing tribunal appointments and service conditions was examined against binding judicial directions designed to secure tribunal independence. The minimum age of 50 years for eligibility, together with the revised allowance and housing regime, was found to conflict with those directions; the age bar was held unconstitutional, while the housing allowance position was treated as aligned with the earlier framework. Requiring a panel of two names for appointments and only a preferred three-month decision period was also treated as an impermissible override of the earlier appointment process and struck down. A four-year tenure was held inconsistent with the need for secure service, while the retrospective proviso was preserved only to avoid disturbing appointments already made under prior court orders.</description>
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    <pubDate>Wed, 14 Jul 2021 00:00:00 +0530</pubDate>
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      <title>2021 (10) TMI 885 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=413833</link>
      <description>Legislation governing tribunal appointments and service conditions was examined against binding judicial directions designed to secure tribunal independence. The minimum age of 50 years for eligibility, together with the revised allowance and housing regime, was found to conflict with those directions; the age bar was held unconstitutional, while the housing allowance position was treated as aligned with the earlier framework. Requiring a panel of two names for appointments and only a preferred three-month decision period was also treated as an impermissible override of the earlier appointment process and struck down. A four-year tenure was held inconsistent with the need for secure service, while the retrospective proviso was preserved only to avoid disturbing appointments already made under prior court orders.</description>
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