2018 (5) TMI 2028 - SC - Indian Laws

Constitution of Committee - HELD THAT - In terms of order dated 7th May 2018 we direct that a committee be constituted. We however clarify that a former Judge of this Court need not have worked in a Tribunal as earlier directed. We further direct that wherever qualification required for appointment to a Tribunal/Commission is of a former Chief Justice or a former Supreme Court Judge and no suitable person of that category is available it will be open to make appointment of any suitable former Judge of a High Court till any legislative amendment in that regard is brought out so that a Tribunal/Commission may not remain headless - Subject to this the constitution of the Committee is left to the Government. The Committee may be constituted within two months and may give its report within three months thereafter. Union of India may take a call thereon and take such further action as found appropriate. An affidavit of further developments be filed in this Court by 31st October 2018.

Summary

Issues involved:
Constitution of a committee for appointment to Tribunals/Commissions, qualifications required for appointment, appointment of former Judges, directions to the Government, petitioner's grievance, liberty to move High Court, disposal of special leave petition.

Analysis:
The Supreme Court, in a recent judgment, continued the order dated 7th May, 2018, by directing the constitution of a committee for appointments to Tribunals/Commissions. The Court clarified that a former Judge of the Court need not have worked in a Tribunal as previously directed. It further directed that if the qualification required for appointment is a former Chief Justice or a former Supreme Court Judge and no suitable candidate is available, the appointment of any suitable former Judge of a High Court is permissible until a legislative amendment is made. The Government is tasked with constituting the Committee within two months, with a report due within three months thereafter. The Union of India is to take appropriate action based on the Committee's recommendations, with an affidavit of developments due by 31st October, 2018. The amicus curiae is allowed to present views before the Committee.

Regarding the petitioner, the Court did not delve into the merits of the grievance but granted liberty to approach the High Court again. The High Court is instructed to consider the matter on its merits in accordance with the law. The special leave petition was disposed of as withdrawn. The petitioner has the right to challenge the High Court's decision by following due legal procedures, including filing a petition in the Supreme Court. The case is listed for further consideration on 13th November, 2018.