The Supreme Court altered its direction on the constitution of Search Cum Selection Committee regarding Appointment of Tribunal Members.
This Miscellaneous Application has been filed for clarification of the judgment of the Apex Court.
Mr. K. K. Venugopal, Attorney General submitted that the direction given in para 53(ii) of the judgment pertaining to constitution of Search-cum-Selection Committee needs modification.
It was submitted that the Secretary to the Ministry of Law and Justice, Government of India who is made a member of the Search-cum-Selection Committee should be substituted by a Secretary to the Government of India nominated by the Cabinet Secretary from a Department other than the parent or sponsoring department.
The Attorney General urged that there are 19 Tribunals and it will be difficult for the Secretary to the Ministry of Law and Justice to act as a Member of every Search-cum-Selection Committee which might hinder his other duties.
He suggested that the composition of the Search-cum-Selection Committee should be changed and the Cabinet Secretary may be permitted to nominate two Secretaries to the Government of India from a Department other than the parent or sponsoring department instead of Secretary to Ministry of Law and Justice and another Secretary for a Department other than the parent or sponsoring department.
It was recommended that the constitution of the Search-cum-Selection Committee shall consist of the Chief Justice of India or his nominee-Chairperson (with a casting vote); the out-going Chairman or Chairperson or President of the Tribunal in case of appointment of the Chairman or Chairperson or President of the Tribunal (or) the sitting Chairman or Chairperson or President of the Tribunal in case of appointment of other Members of the Tribunal (or) a retired Judge of the Supreme Court of India or a retired Chief Justice of a High Court in case the Chairman or Chairperson or President of the Tribunal is not a Judicial member or if the Chairman or Chairperson or President of the Tribunal is seeking re-appointment – Member; two Secretaries to the Government of India nominated by the Cabinet Secretary from a Department other than the parent or sponsoring department – Members; and Secretary to the sponsoring or parent Ministry or Department – Member Secretary/Convener (without a vote).
The three judge bench of Justices L. Nageswara Rao, Hemant Gupta and S. Ravindra Bhat allowed Centre’s request to modify a direction issued in Madras Bar Association v. Union of India dated 27 November 2020 by substituting the ‘Secretary to the Ministry of Law and Justice, Government of India nominated by the Cabinet Secretary from a Department other than the parent or sponsoring department’.
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