Supreme Court of India · 2012-10-16
STATE OF GUJARAT vs GUJARAT REV.TRBL. BAR ASSOCN
- Citation / case number
- SC 2009/31104
- Court
- Supreme Court of India
- Petitioner
- STATE OF GUJARAT
- Respondent
- GUJARAT REV.TRBL. BAR ASSOCN
- Author
- B.S. CHAUHAN
- Bench
- FAKKIR MOHAMED IBRAHIM KALIFULLA B.S. CHAUHAN
Judgment text excerpt
The Supreme Court upheld the High Court's decision that Rule 3(1)(iii)(a) of the Gujarat Revenue Tribunal Rules 1982, which allowed the appointment of the Secretary to the Government as President of the Revenue Tribunal, is unconstitutional. The Court ruled that the Tribunal functions as a 'court' and thus requires its President to be a 'Judicial Officer' as per Article 234 of the Constitution of India. Consequently, the appeal by the State of Gujarat was dismissed, affirming the High Court's judgment.