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Restriction of term of a member of Tribunal is not unconstitutional

Raj Kumar Makkad ,
  05 July 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Extension of Terms of members of administrative Tribunal - Sections 8,10A, Administrative Tribunal (Amendment) Act, 2006 - Whether Section 10A, which restricts the total term of the Member of the Administrative Tribunal to ten years should be regarded as unconstitutional ?
Citation :
A. K. Behra v. Union of India and Anr. and P.K. Gaikwad v. Union of India and Ors. (Decided on 06.05.2010) MANU/SC/0366/2010

Held, for performing duties as a Member of the Tribunal more efficiently, Section 8 of the Act was earlier amended in the year 1987 and provision was made fixing term of office of Chairman, Vice-chairman and Members at five years period- but by present amendment of 2006, provision is made for extension of term of office by a further period of five years. The Government has decided to provide for extension in term of office so that the member can effectively contribute to speedy disposal of cases, on merits after gaining expertise in the service jurisprudence and having good grip over the subject. Thus, the provisions of Section 8 fixing maximum term of office of the chairman at sixty eight years and of a Member of the Tribunal at 10 years, cannot be regarded as unconstitutional because concept of security of tenure does not apply to such appointments. The said provision cannot be assailed as arbitrary having effect of jeopardising security of tenure. Court fails to appreciate as to how the amended provisions restricting the total tenure of a Member of the Tribunal to ten years would be unconstitutional and it is neither arbitrary nor illegal . Petition Dismissed.

 

 
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Published in Constitutional Law
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