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november 2020

Supreme Court of India · 2020-11-27

MADRAS BAR ASSOCIATION vs UNION OF INDIA

Citation / case number
SC 2020/16100
Court
Supreme Court of India
Petitioner
MADRAS BAR ASSOCIATION
Respondent
UNION OF INDIA
Author
HON'BLE MR. JUSTICE L. NAGESWARA RAO
Bench
HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE L. NAGESWARA RAO

Judgment text excerpt

The Supreme Court examined the constitutionality of the 'Tribunal, Appellate Tribunal and other Authorities [Qualification, Experience and Other Conditions of Service of Members] Rules, 2020' under Article 323-A and Article 323-B of the Constitution. The Court reaffirmed that administrative tribunals must serve as effective substitutes for High Courts, emphasizing the need for competent appointments to ensure the rule of law and equal protection under the law. The judgment builds on previous rulings, particularly S.P. Sampath Kumar v. Union of India, and underscores the importance of judicial review as part of the Constitution's basic structure.

MADRAS BAR ASSOCIATION vs UNION OF INDIA · Niyam