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Report No. 162

Section III: Proposed Changes In Structure and Functioning

17. (a) Should such proposed Central Administrative Tribunal at Delhi consist of:-

(a) Chairman;

(b) Judicial Members; and

(c) Administrative Members (to act as assessors only).

(b) Should such proposed Bench of the Central Administrative Tribunal at various places consist of:-

(a) Vice-Chairman;

(b) Judicial Members; and

(c) Administrative Members (to act as assessors only).

18. Should every such proposed State Administrative Tribunal consist of:-

(a) Chairman;

(b) Vice-chairman;

(c) Judicial Members; and

(d) Administrative Members (to act as assessors).

19. Should a person be eligible to be appointed as Chairman of the Central/State Administrative Tribunal, if he-

(a) is, or has been the Chief Justice of a High Court, or

(b) has, for at least 2 years, held the office of Vice-Chairman appointed as suggested in question No. 20.

20. Should a person be eligible to be appointed as a Vice-Chairman of the Central/ State Administrative Tribunal if he-

(a) is, or has been, a judge of a High Court, or

(b) has, for at least two years, been a Judicial Member appointed as suggested in question No. 21.

21. Should a person be eligible, to be appointed as a Judicial Member of the Central/ State Administrative Tribunal if he is, or has been, a Judge of a High Court or has been a District Judge and held judicial office for a period of not less than 10 years or is qualified to be a judge of the High Court?

22. Should the appointments of Chairman, Vice-chairman and Members of the Central Administrative Tribunal be made by a permanent High Powered Selection Committee headed by the Chief Justice of India or a sitting Judge of the Supreme Court nominated by him and in the case the State Administrative Tribunal by the Chief Justice of the State High Court or any other sitting Judge nominated by the Chief, Justice of the State High Court concerned, as suggested in S.P. Sampath Kumar v. Union of India, (1987) 1 SCC 124.

23. Should there be a time-limit within which proposals for appointment of members of tribunals ought to be processed, and periodic review of optimum strength of members in each tribunal be undertaken so that delay in disposal of cases may be avoided because of lack of appointment of a Member?

24. Should a person be eligible to be appointed as on Administrative Member of the Central/State Administrative Tribunal to act as assessor in the aforesaid manner if he has held the post of a Secretary to the Government of India or any other post under the State Government carrying the scale of pay which is not less than that of a Secretary to the Government of India?

25. Do you agree that if aforesaid changes in the structure and functioning of Central/State Administrative Tribunal are made, would they not become a real substitute to the High Court in all respects satisfying the requirement of judicial review, a basic feature of the constitution.



Review of functioning of Central Administrative Tribunal - Customs, Excise and Gold (Control) Appellate Tribunal and Income-Tax Appellate Tribunal Back




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