Central Government Amends Rules for Appointment and Extension of Administrative Tribunal Members

The Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, issued a notification on March 21, 2014, introducing the Administrative Tribunals (Procedure for appointment of Members) Amendment Rules, 2014. These rules were enacted by the Central Government in exercise of powers conferred by clause (c) of section 36 of the Administrative Tribunals Act, 1985 (13 of 1985), to further amend the Administrative Tribunals (Procedure for appointment of Members) Rules, 2011. The amendments primarily introduce new procedures for the selection and extension of terms for members of both Central and State Administrative Tribunals. The rules came into force on the date of their publication in the Official Gazette, which was March 21, 2014.

The key changes introduced by these amendment rules include a new requirement for consultation with the Chief Justice of India during the selection process for members of State Administrative Tribunals. Specifically, the recommendations of the Selection Committee for such appointments must now be placed before the Chief Justice of India for his views. The legislation provided: “For selection of a Member of the State Administrative Tribunal, the Chief Justice of India shall be consulted in accordance with the provisions of sub-section (4) of section 6 and the recommendations of the Selection Committee referred to in sub-rule (2) of rule 3 shall accordingly be placed before him for his views”.

Furthermore, the amendment rules establish detailed procedures for the extension of the term of appointment for members of both the Central Administrative Tribunal (CAT) and State Administrative Tribunals (SATs). For CAT members, the Chairman of the Tribunal may recommend names for extension to the Central Government, with these proposals then reviewed by the Selection Committee. Following this, the Chief Justice of India must be consulted for his views on the recommendations before they are submitted to the competent authority for final orders. A similar process is outlined for SAT members, where the Chairman recommends names to the concerned State Government. The Selection Committee reviews these proposals, and the Governor of the concerned State is consulted. Subsequently, the recommendations, along with the Governor's views, are forwarded to the Central Government, which then consults the Chief Justice of India before seeking orders from the competent authorities. These provisions affect the appointment and tenure processes for individuals serving as members in these quasi-judicial bodies (specialized tribunals dealing with service matters), as well as the roles of the Chief Justice of India, State Governors, and the respective governments and selection committees involved in these processes.

The legislative intent behind these amendments was to enhance the transparency, fairness, and judicial oversight in the appointment and extension of terms for members of Administrative Tribunals. The earlier legal position, as governed by the Administrative Tribunals (Procedure for appointment of Members) Rules, 2011, did not explicitly mandate consultation with the Chief Justice of India for the selection of State Administrative Tribunal members or provide a comprehensive framework for the extension of terms for members of either Central or State Tribunals. These amendments address these statutory gaps and limitations by formalizing the consultation process with high constitutional functionaries.

By requiring consultation with the Chief Justice of India for both the selection of State Administrative Tribunal members and the extension of terms for members of both Central and State Tribunals, the rules aim to introduce a higher degree of judicial scrutiny and independence into the appointment process. Similarly, the involvement of the Governor for State Administrative Tribunal member extensions further strengthens the procedural safeguards. These changes are designed to ensure that appointments and extensions are based on merit and uphold the integrity of these tribunals. The rules introduce new obligations on the part of the Chairman of the Tribunals, the Selection Committees, and the Central and State Governments to follow these prescribed consultation mechanisms, thereby establishing a more robust and accountable system for managing the tenure of tribunal members. The amendments do not repeal any prior enactments but rather build upon and modify the existing 2011 rules.

Keywords: Administrative Tribunals, Member Appointment, Service Matters, Central Administrative Tribunal, State Administrative Tribunal, Chief Justice of India, Governor, Extension of Term, Legal Amendment, Indian Law Geo Tags: India, Delhi District: Not Applicable