tribunals
“Daring” the government to do away with laws requiring tribunals to be headed by judicial members chief justice of India (CJI) RM Lodha said that it is these laws that create a public perception that retired judges are “running and running and running after tribunals”, reported the Economic Times.
He reportedly said:
The government enacts all these laws insisting that they be headed by judicial members. This creates a perception among the public that retired judges are running and running and running after tribunals
The CJI was part of a five-judge bench hearing a petition challenging the central government’s move to create, among other things, a National Tax Tribunal and a Companies Appellate Tribunal, when he said this.
Cal client complains HC advocate sexually harassed her: A Kolkata college professor has complained to the Calcutta High Court Bar Association that an advocate whom she had instructed had sexually harassed her during the course of her litigation. The association will now convene an executive committee meeting to decide whether a probe committee will be constituted to probe into the professor’s allegations [TOI]
Wrongfully enrolled advocates to be filtered out in TN: The Madurai bench of the Madras high court has asked the Bar Council of Tamil Nadu to suspend enrolled lawyers who, after 2009, took admission to law colleges in violation of the Bar Council of India’s (BCI) legal education rules including that relating to age limit [PTI]
AAP asks SC to hold President’s rule in Delhi: The Aam Aadmi Party has approached the Supreme Court against the Centre’s decision to impose President’s rule in Delhi after the resignation of Arvind Kejriwal as Delhi chief minister. The petition called it a “malafide” and “unconstitutional” move to rule Delhi by proxy and delay fresh assembly polls [NDTV]
Madras HC black day: The Madras High Court Advocates Association (MHCAA) observed February 19 as a black day as several advocates and Judges were injured in a clash between police and lawyers on that day. The MHCAA also demanded suspension of senior police officials and a withdrawal of the appeal filed before the Supreme Court against the High Court order "to protect the accused police officials." [PTI]
Bill for tribunal rules’ uniformity: A bill to make tribunal tenure, allowances and appointments uniform and governed by a single law instead of the current more than 20 Acts, has been introduced in the Rajya Sabha [PTI]
SC overrules TN call to free Rajiv Gandhi killers: The Supreme Court, following the central government’s appeal, has stayed the Tamil Nadu government’s decision to let the convicted assassins of Rajiv Gandhi walk, after the SC had on Monday commuted the killers’ death penalty to life sentences [TOI]
Vodafone claims gov’t declined ‘int'l conciliation mechanisms’: Telco giant Vodafone yesterday countered finance minister P Chidambaram’s statement that its tax dispute with Indian tax authorities was yet unresolved due to its “indecisiveness”. Vodafone released a statement that it had always “responded to the government’s queries in a timely manner, notwithstanding, at one point, a six month delay by the Indian government in responding to correspondence sent by Vodafone”, with the government refusing to “international conciliation mechanisms” [Mint]
J&K courts: 14 courts of Special Mobile Magistrates (Sub-Judge Level) and 22 Courts of Additional Mobile Magistrate (Munsif level) have been set up in Jammu & Kashmir under the 13th finance commission [PTI]
The Supreme Court threatened to stay the appointment of retired judges to tribunals across India blaming lack of action in bringing uniformity in their appointment process and service conditions, reported the Times of India.
Picking out Armed Forces Tribunal, National Commission for Dispute Redressal and National Green Tribunal as examples, a bench of justices GS Singhvi and C Nagappan said:
The disparity in service conditions results in compromising the dignity of the judges. Everyone tried to get a post which has five-year term. That compromises the dignity. Let this be stopped till Parliament considers the proposal for uniform tenure.
Delhi’s more than 24 tribunals, with 5 more in the pipeline, are demanding official bungalows for their heads “in keeping with their [retired judge] rank”. However, while 32 bungalows for Supreme Court judges and 45 for high court judges are reserved in Lutyens’ Delhi, no such quota exists for tribunal judges.
An official of the urban development ministry informed that tribunal chairpersons are allotted bungalows from the judges’ quota on request received from the secretary general of the Supreme Court or registrar of the high court, and that the ministry is under continuous pressure from the judiciary. [India Today]
Meanwhile, tribunals continue facing growing criticism about their effectiveness and efficiency, yet more keep getting created. [The Firm]