Bombay High Court: 10 Years sufficient for Appointment as Judicial Member


Swarna Shukla

Published on: September 15, 2021 at 11:25 IST

The Bombay High Court, whilst repealing a certain provision of Consumer Protection Rules, 2020 stated that 10 years of experience in the legal field or any other field, is sufficient for Appointment as a Judicial Member in Tribunals. 

In addition to this, the Nagpur Bench of Bombay High Court, outrighted the Rules 3(2)(b) and 4(2)(c) of the 2020 Rules, which stated that minimum experience of not less than 20 years for appointment of President and members of District Forums as Unconstitutional and violative of Article 14 of the Constitution of India.

The High Court on this matter referred to the Supreme Court’s judgement of Madras Bar Association v. Union of India & Another and North Delhi Municipal Corporation v. Kavinder and Others.

Additionally in MBA-2020, the Apex Court stated that the deemed members of the consumer forum should preserve the same standard as that of what is expected from the mainstream Judiciary. 

The selection committee struck down the provision 6(9) Rules, that gave the power to the State Election Commission to determine its own Election procedure for a recommendation of names for Appointment in the order of merit for the State Government.

Click here to read/download the Order

Also Read: Union approves Appointments to Tribunals after Supreme Court ultimatum

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