2021 (6) TMI 332

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....which is contrary to the directions issued by the Hon'ble Supreme Court in Union of India vs. Madras Bar Association (2010) 11 SCC 1 and Madras Bar Association vs. Union of India judgment dated 27.11.2020 in Writ Petition (C) No.804 of 2020. The Petitioner also challenges other provisions of the said Rules. The learned Counsel for the Petitioner relies on paras 32, 33, 34 and 35 of the said judgment of the Apex Court in the matter of Madras Bar Association which reads thus : "32. Mr. Datar argued that the term of office of the Chairperson and the members of the Tribunal should be for a minimum period of five years by relying upon the judgments of this Court in S.P. Sampath Kumar (supra), Union of India v. Madras Bar Association (20....

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....d that due to the provision for re-appointment, eligible lawyers who shall be appointed at the age of 45 years will have the advantage of four or five extensions or till the said member reaches the age of 65 years. 34. This Court directed the extension of the tenure of the members of the Tribunal from three years to seven or five years subject to their eligibility in the case of Union of India v. Madras Bar Association (2010) (supra). This Court was of the opinion that the term of three years is very short and by the time the members achieve the required knowledge, expertise and efficiency, the term would be over. In the said judgment it was further observed that the Tribunals would function effectively and efficiently only when th....

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.... age of 65 years whichever is earlier. In view of the law laid down in the earlier judgments, we direct the modification of the tenure in Rules 9(1) and 9(2) of the 2020 Rules as five years in respect of Chairman or Chairperson, Vice Chairman or Vice-Chairperson and the members. Rule 9(1) permits a Chairman, Chairperson or President of the Tribunal to continue till 70 years which is in conformity with Parliamentary mandate in Section 184 of the Finance Act. However, Rule 9(2) provides that Vice Chairman and other members shall hold office till they attain 65 years. We are in agreement with the submission made by the learned Amicus Curiae that under the 2020 Rules, the Vice Chairman, Vice-Chairperson or Vice-President or members in almost al....