THE CENTRAL GOVERNMENT MADE AN AMENDMENT FOR THE APPOINTMENT OF AN ADVOCATE WITH TEN YEARS OF EXPERIENCE FOR JUDICIAL MEMBER POSTS

The Central Government passed an amendment that came into force on 30th June regarding the qualification, experience, and other conditions of service members of the Tribunal, Appellate Tribunal, and other Authorities. The amendments permit advocates with ten years of experience for the enrollment of Judicial members.

The Supreme Court observed that the judgment made in the case of  Union of India v. Madras Bar Association (2010) and Madras Bar Association v. Union of India is contrary to the exclusion of advocates in 10 out 19 tribunals for the consideration of Judicial members. The court opined that the qualification for the appointment of an Advocate as a Judge of the High Court requires is only ten years, experience for the Judicial Member while appointing should be of the same lines.
 
This Amendment makes the following changes for the appointment of Chairman, Chairperson, President, Vice-Chairman, Vice-Chairperson, Vice-President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member of the Tribunal, Appellate Tribunal as according to the position.

The changes have made for the appointment of the,

1. Income-tax Appellate Tribunal under the Income-tax Act, 1961
2. Customs, Excise, and Service Tax Appellate Tribunal under the Customs Act, 1962
3. Central Administrative Tribunal under the Administrative Tribunal Act
4. Railway Claims Tribunal
5. Securities Appellate Tribunal
6. National Company Law Appellate Tribunal
7. Appellate Tribunal for Electricity
8. Armed Forces Tribunal
 

Author: Papiha Ghoshal