R.K. JAIN vs UNION OF INDIA

The Supreme Court upheld the appointment of the Senior Vice-President as President of the Customs, Excise and Gold Control Appellate Tribunal (CEGAT), emphasizing the need for appointing a sitting or retired High Court Judge as President, as per the Customs Excise and Gold Control Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1987, particularly Rule 10(4). The Court directed that any claim for immunity from disclosure of documents under the Indian Evidence Act, 1872, must be supported by an affidavit from the head of the department. The Court also reiterated that judicial review is a basic feature of the Constitution and cannot be circumvented by creating tribunals under Articles 323A and 323B, thus ensuring effective mechanisms for judicial review.