‘Excludes Young Successful Advocates; Arbitrary & Discriminatory’: SC

'Excludes Young Successful Advocates; Arbitrary & Discriminatory': SC

The Hon’ble Supreme Court in the majority of 2:1 held that the minimum age limit of 50 years that is prescribed by the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021 for the appointment of members in various tribunals are arbitrary and discriminatory.

The majority bench that is comprising of Justice L Nageswara Rao and Justice S Ravindra Bhat observed that the minimum age stipulation of 50 years that is introduced by the ordinance was in a way violating the earlier direction given by the Court in the 2020 Madras Bar Association case that advocates with the minimum experience of 10 years to be made eligible for appointment as members of tribunals.

The three-Judge bench was delivering the judgement in the fresh writ petition that was filed by the Madras Bar Association this year only challenging the tribunal reforms ordinance.

Justice Hemant Gupta had a dissenting opinion from the majority and had thus dismissed the writ petition.

Nirali Jain
"The man who asks a question is a fool for a minute, the man who does not ask is a fool for life." I am Ms. Nirali jain, final year student B.Com LL.B (Taxation law) of University of petroleum and energy studies Dehradun. I consider my self as a good reasearcher and I feel that knowledge is the one thing that never reduces by sharing. It in fact improve you. I hope my work gives insight on emerging issues to the community at large and would encourage them to develop their skills.