Selection process for appointments in tribunals to go on: SC

The Supreme Court has said that the selection process to fill up vacancies in various tribunals in the country would go on and would not be affected by its February 9 directions by which an interim search-cum-selection committee (SCSC) was set up to appoint judicial and administrative members to these bodies.
, where substantial steps have been taken,
The apex court clarified that in cases where the Chief Justice of India (CJI) has nominated the Chairperson of SCSC for making recommendations for appointment of presiding officer of any tribunal and the panel has begun work by holding a meeting, "the process will continue on the basis of the terms and conditions and eligibility stated in the advertisement issued or, as the case may be, as notified on the directions of the SCSC for ascertaining expression of interest".

"All recommendations made or to be made by any SCSC as referred to above for appointment of Chairperson and/or members shall be processed further without being affected by the order dated February 9, 2018," a bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said.
It noted that in tribunal like Central Excise and Service Tax Appellate Tribunal (CESTAT), the process of selection has been substantially completed.
"Hence, we clarify that the selection process in respect of the CESTAT may be completed and will not be affected by the order of this court dated February 9, 2018," it said, noting that selection process of Debts Recovery Tribunal (DRT) has also been completed.

Regarding Central Administrative Tribunal (CAT), the bench said the selection process for its judicial members should proceed unhindered by the February 9 order and be taken to its logical conclusion.

"Since no substantial steps have taken place in regard to the appointments of administrative members of CAT, the directions contained in the order dated February 9, 2018 shall apply," it said and made it clear that selection process for National Company Law Appellate Tribunal should continue.
"For judicial and non-judicial members of NCDRC (National Consumer Disputes Redressal Commission), the SCSC has short listed candidates. Recommendations have been made by the SCSC in February 2018. The selection process has been substantially completed. It may proceed to its logical conclusion without being affected by the directions dated February 9, 2018. However, it is made clear that the appointment of President of NCDRC is to be made by a nomination of the CJI," it said.

On February 9, the court had paved the way for appointment of chairpersons, judicial and others members of all 19 tribunals that was stalled due to pendency of pleas challenging the 2017 Finance Act and the rules governing the panels.
The Finance Act and the Tribunal, Appellate and other Authorities (Qualifications, Experience and other conditions of Service of Members) Rules, which govern appointments, tenure, removal and other service conditions of chairpersons and members of tribunals, had been challenged on grounds including that they gave more powers to the executive and interfered with the judicial independence of the panels.
The bench had said that an interim SCSC be set up during the pendency of the petitions to appoint judicial and administrative members in tribunals and the search panel would be headed by the CJI or his nominee.

The chairpersons of tribunals to which appointments will be made and two secretaries, nominated by the central government, would be the members of the committee.
The petitioners had alleged that the new law would destroy independent functioning of tribunals as they give primacy to the executive in deciding the constitution, qualifications of members, their appointments and removal.