Central Government Amends Rules for Appointment and Qualification of Consumer Commission Members

The Ministry of Consumer Affairs, Food and Public Distribution issued a notification on September 21, 2023, introducing the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Amendment Rules, 2023. These rules amend the principal Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020, which were originally published under the Consumer Protection Act, 2019. The amendments came into force upon their publication in the Official Gazette on September 22, 2023. The changes primarily affect the eligibility criteria and the selection process for the President and members of State and District Consumer Commissions, aiming to streamline appointments and ensure a robust evaluation of candidates.

A significant alteration introduced by the new rules involves the reduction of the minimum experience required for certain positions. Previously, rule 3, sub-rule (2), clause (b) of the 2020 rules stipulated an experience requirement of "not less than twenty years." This has now been substituted with "not less than ten years." Similarly, rule 4, sub-rule (2), clause (c) which previously mandated "not less than fifteen years" of experience, has also been revised to "not less than ten years." These adjustments are expected to broaden the pool of eligible candidates for these crucial roles within the consumer dispute redressal mechanism. Furthermore, the amendment rules have substantially revised the selection procedure for applicants. Rule 6, sub-rule (9) of the principal rules has been entirely substituted to introduce a structured selection process. The legislation provided: “The Selection Committee shall short-list the applicant on the basis of performance in a written test consisting of two papers as specified in the table below, with the qualifying marks of fifty percent in each paper and there shall be viva voce of 50 marks.” This written test comprises two papers: Paper-I, an objective type test of 100 marks over two hours, covering General Knowledge and current affairs, Knowledge of the Constitution of India, and Knowledge of various Consumer-related Laws as indicated in a newly inserted Schedule; and Paper-II, a descriptive type test of 100 marks over three hours, requiring an essay on trade, commerce, consumer issues, or public affairs, and a case study.

The legislative intent behind these amendments appears to be multifaceted, primarily focused on enhancing the efficiency and accessibility of the consumer dispute redressal system. The earlier legal position, with its higher experience requirements, might have inadvertently limited the pool of qualified individuals, potentially leading to delays in appointments or a narrower selection of talent. By reducing the experience criteria, the Central Government aims to address these statutory gaps and allow a wider range of professionals, including those with substantial but slightly less extensive experience, to contribute to consumer protection. The introduction of a detailed written examination and viva voce, along with a specified syllabus encompassing key consumer protection statutes and related laws, signifies a move towards a more merit-based and transparent selection process. This structured approach ensures that candidates possess not only the requisite experience but also a comprehensive understanding of the legal framework governing consumer rights and disputes. The newly inserted Schedule, listing ten specific Acts such as The Consumer Protection Act, 2019, The Legal Metrology Act, 2009, and The Real Estate (Regulation and Development) Act, 2016, underscores the government's commitment to ensuring that appointees have specialized knowledge relevant to the diverse nature of consumer grievances. These changes are designed to strengthen the institutional capacity of State and District Commissions, ultimately benefiting consumers by facilitating the appointment of competent and well-versed adjudicators.

Keywords: Consumer Protection Act, 2019, Consumer Protection Rules, 2023, State Commission, District Commission, appointment, qualification, selection process, written test, viva voce, Ministry of Consumer Affairs

Geo Tags: Country: India District: Not Applicable