The court clarified the qualifications for appointment to Tribunals/Commissions and allowed for flexibility in the appointment of judges to prevent Tribunals/Commissions from remaining headless.

ORDER

In continuation of Order dated 7th May, 2018, we have further heard Mr. K.K. Venugopal, learned Attorney General, and learned amicus, Mr. Arvind P. Datar.

2. In terms of order dated 7th May, 2018, we direct that a committee be constituted. We, however, clarify that a former Judge of this Court need not have worked in a Tribunal as earlier directed.

3. We further direct that wherever qualification required for appointment to a Tribunal/Commission is of a former Chief Justice or a former Supreme Court Judge, and no suitable person of that category is available, it will be open to make appointment of any suitable former Judge of a High Court till any legislative amendment in that regard is brought out so that a Tribunal/Commission may not remain headless.

4. Subject to above, the constitution of the Committee is left to the Government. The Committee may be constituted within two months and may give its report within three months thereafter. Union of India may take a call thereon and take such further action as found appropriate. An affidavit of further developments be filed in this Court by 31st October, 2018. Learned amicus will be at liberty to put forward his view-point before the said Committee.

5. List again on 13th November, 2018 to consider any further direction.

6. As far as the petitioner is concerned, we have not examined the merit of his grievance. We give him liberty to move the High Court again. The matter be considered by the High Court on its merit in accordance with law. The special leave petition is disposed of as withdrawn.

7. If the petitioner is aggrieved of the order which may be passed by the High Court, he will be at liberty to take his remedy in accordance with law including filing a petition in this court.