SC orders Centre & States to fill up Vacancies in NCDRC & SCDRC

Shivangi Prakash

Published on August 11, 2021 at 13:49 IST

On Wednesday, the Supreme Court ordered all State Governments and Union Territories to fill vacancies in the State Consumer Dispute Redressal Commissions and the National Consumer Dispute Redressal Commission within eight weeks.

In addition, the Court ordered the Chief Secretaries of States and the Centre (Secretary, Consumer) to appear in person at the virtual hearing on the next date if the directives regarding the filling of vacancies in Consumer Redressal Commissions are not followed.

In a Suo motU case filed by the Court to address the issue of unfilled vacancies in Consumer Commission Agencies, a Bench comprised Justice Sanjay Kishan Kaul and Justice Hrishikesh Roy issued the directive.

“In view of large vacancies, we direct all existing and potential vacancies to be advertised, if not done already, within 2 weeks“, the Court directed the States and UTs as regards vacancies in SCDRCs.

“It appears some States & UTs haven’t set up selection committees. They are directed to do so within 4 weeks from today“, the Bench added in the order

The Bench noted that some States have used the argument that selection is being delayed because the number of positions has not been approved in agreement with the Central Government.

The Bench dismissed the States’ justification, pointing out that, under Section 42 of the Consumer Protection Act, communication with the Central Government is required only if the number of members exceeds four.

“We direct that updated position be furnished to the Amicus within 10 days from today“, the Bench said. 

Senior Advocate Gopal Shankaranarayanan is appointed as the amicus curiae in the matter.

Only four of the seven openings on the National Consumer Disputes Redressal Commission have been filled, according to the Bench.

“You appointed 4 people, you should’ve appointed 7. When will you appoint 7”, the Bench asked Additional Solicitor General Aman Lekhi.

“There are a total of 3 vacancies now. We’re of view there is no reason why the Central Government should take more time, therefore the schedule laid down for the State would equally apply for the Central Government”, the Bench ordered.

Also Read: Supreme Court asks Centre’s response on Filling Vacancies

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