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may 2010

Supreme Court of India · 2010-05-11

Madras Bar Association vs Union Of India & Anr

Citation / case number
AIRONLINE 2010 SC 429
Court
Supreme Court of India
Petitioner
Madras Bar Association
Respondent
Union Of India & Anr
Bench
J M Panchal, P Sathasivam, D K Jain, R V Raveendran, K G Balakrishnan

Judgment text excerpt

The Supreme Court examined the constitutional validity of the National Tax Tribunal Act, 2005, challenging its provisions under Article 323B and Section 46 of the Constitution (Forty-second Amendment) Act, 1976. The Court found that the Act's provisions could undermine judicial independence by allowing excessive executive control over the tribunal system, thus infringing upon the basic structure of the Constitution. The Union Government was permitted to amend the Act to address concerns raised regarding the appointment and transfer of tribunal members, ensuring judicial primacy in the selection process.

Madras Bar Association vs Union Of India & Anr · Niyam