DIMINISHING POWERS

Tribunals covered under the Rules Appellate Tribunal Telecom Disputes Settlement and Appellate Tribunal Appellate Board (under the Trade Marks Act 1999) National Company Law Appellate Tribunal Authority for Advance Ruling (under the Income Tax Act 1961) Film Certification Appellate Tribunal | National Consumer Disputes Redressal Commission | Appellate Tribunal for Electricity | Armed Forces Tribunal of NGT had to be (or have been) a judge of the SC or a chief justice of a high court (HC). Now, even a judicial or expert member holding office for not less than three years or a person with 25 years of professional experience in law can be selected as a chairperson. The criteria for judicial members have been relaxed and holders of judicial offices for 10 years are also eligible for appointment, unlike the previous requirement of being a past or present judge of the SC or a HC. This means that judicial magistrates, district and lower court judges previously appointed by the government can become judicial members, unlike before.

The qualifications for heads of other tribunals have also been relaxed. Earlier, the chairperson of the Airports Appellate Tribunal had to be (or have been) a HC judge who was appointed after consultation with the CJI. Under the new rules, a person with 25 years of professional experience can be selected as chairperson and the requirement of prior consultation with the CJI has been removed.

The situation is similar with the appointment of chairperson of the Telecom Disputes Settlement and Appellate Tribunal. The minimum requirement has been diluted from being a past or present judge of the SC or a Chief Justice of a HC to include a person with 25 years of professional experience as eligible for the position. Qualification for appointment as a presiding officer of a National Industrial Disputes Tribunal now includes a district or additional district judge with three or more years of experience, from the earlier requirement of being (or have been) a HC judge.

Critics say with these changes, the administrative and functional autonomy of tribunals could be curtailed, as it is the relevant ministries that will select the members, who will in turn have to adjudicate on the actions of the very same ministries.