Madras Bar Association Vs Union of India & Anr. (Supreme Court of India)

IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL/APPELLATE JURISDICTION
Writ Petition (C) No.804 of 2020
MADRAS BAR ASSOCIATION
...Petitioner
Versus
UNION OF INDIA & ANR.
...Respondents
WITH
Misc. Application No.1058 of 2020
In
Writ Petition (C) No.640 of 2017
Misc. Application No.1152 of 2020
In
Writ Petition (C) No. 279 of 2017
Writ Petition (C) No. 867 of 2020
Writ Petition (C) No.1431 of 2019
Transfer Petition (C) Nos. 905-915 of 2020
Civil Appeal Nos.3505-3506 of 2020
(@ SLP (C) Nos. 9587-9588 of 2020)
Transfer Petition (C) No. 1356-1360 of 2020
( @ Diary No. 18900 of 2020 )
Misc. Application No.1481 of 2020
In
Writ Petition (C) No.279 of 2017
Writ Petition (C) No.995 of 2020
Writ Petition (C) No.991 of 2020
2 | P a g e
Misc. Application No.1654 of 2020
In
Writ Petition (C) No.279 of 2017
Writ Petition (C) No.1085 of 2020
Misc. Application No.1811 of 2020
In
Writ Petition (C) No.279 of 2017
Civil Appeal No.3598 of 2020
(@ SLP (C) No.11612 of 2020)

J U D G M E N T

L. NAGESWARA RAO, J.

1. This Court is once again, within the span of a year, called upon to decide the constitutionality of various provisions concerning the selection, appointment, tenure, conditions of service, and ancillary matters relating to various tribunals, 19 in number, which act in aid of the judicial branch. That the judicial system and this Court in particular has to live these déjà vu moments, time and again (exemplified by no less than four constitution bench judgments) in the last 8 years, speaks profound volumes about the constancy of other branches of governance, in their insistence regarding these issues. At the heart of this, however, are stakes far greater: the guarantee of the rule of law to each citizen of the country, with the concomitant guarantee of equal protection of the law. This judgment is to be read as a sequel, and together with the decision of the Constitution Bench in Rojer Mathew v. South Indian Bank Limited1.

2. The core controversy arising for this Court’s consideration is the constitutional validity of the “Tribunal, Appellate Tribunal and other Authorities [Qualification, Experience and Other Conditions of Service of Members] Rules, 2020” (hereinafter referred to as “the 2020 Rules”).

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