Junior Science Refresher

Junior Science Refresher

Junior Science Refresher Published this article page no 18  Qualifications for tribunal members Only persons having judicial or legal experience are eligible for appointment.  Term Rules also provide a fixed term of four years to the Tribunal members based on Courts observations that the threeyear term under the 2017 Rules precluded cultivation of adjudicatory experience and was thus injurious to the efficiency of the Tribunals.  Independence The condition in the 2017 Rules that the members will be eligible for reappointment has also been dropped in 2020 Rules based on Courts apprehension that such a clause was likely to affect a members independence. Concerns that still remain  Lack of judicial primacy in appointments still remain o In Supreme Court Advocates onRecord Assn. v. Union of India (Fourth Judges Case) it was held that primacy of judiciary is imperative in selection and appointment of judicial officers including Judges of High Court and Supreme Court. o Strength of searchcumselection committees of tribunals has been reduced from 5 to 4 by omitting the expert nominee as 5th member. This composition still has token representation of CJI or his nominees as found in Rojer Mathew case. o Also for tribunals like Central Administrative Tribunal (CAT) Debt Recovery Appellate Tribunal (DRAT) etc. a nonjudicial member can become chairperson which undermines judicial primacy arihant current affairs magazine subscription buy. 

Junior Science Refresher