ADMINISTRATIVE TRIBUNALS (AMENDMENT) ACT, 2006

S.1 Short title and commencement

       (1) This Act may be called the Administrative Tribunals (Amendment) Act, 2006.
       (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates1 may be appointed for different provisions of this Act.
       _________________________
       1. The Act has been enforced on 19.02.2007 vide Notification No. GSR92(E) Dated 19.02.2007.

S.2 Amendment of section 3

       In section 3 of the Administrative Tribunals Act, 1985 (hereinafter referred to as the principal Act),--
       (I) in clause (i), for the words "the Chairman or a Vice-Chairman", the words "the Chairman" shall be substituted.
       (II in clause (ia), the words "and a Vice-Chairman" shall be omitted.
       (III) for clause (u), the following clause shall be substituted, namely:--
       '(u) "Vice-Chairman" means a Member who has been authorised by the appropriate Government to perform administrative functions at each of the places where Benches of the Tribunal have been set up.'.

S.3 Amendment of section 4

In section 4 of the principal Act, in sub-section (4), for the words "Chairman, Vice-Chairman and other Members", the words "Chairman and other Members" shall be substituted.

S.4 Amendment of section 5

       In section 5 of the principal Act,--
       (a) in sub-section (1), for the words "a Chairman and such number of Vice-Chairman and Judicial and Administrative Members", the words "a Chairman and such number of Judicial and Administrative Members" shall be substituted;
       (b) in sub-section (4),--
       (i) in clause (b), for the words "the Vice-Chairman or other Members", the words "a Member" shall be substituted;
       (ii) in clause (c),--
       (I) For the words "the Vice-Chairman or the Judicial Member", the words "the Judicial Member" shall be substituted;
       (II) for the words "the Vice-Chairman or, as the case may be, the Judicial Member or the Administrative Member", the words "the J

S.5 Substitution of new section for section 6

       For section 6 of the principal Act, the following section shall be substituted, namely:--
       Qualifications for appointment as Chairman, Vice-chairman and other members.
       "6. (1) A person shall not be qualified for appointment as the Chairman unless he is, or has been, a Judge of a High Court:
       Provided that a person appointed as Vice-Chairman before the commencement of this Act shall be qualified for appointment as Chairman if such person has held the office of the Vice-Chairman at least for a period of two years.
       (2) A person shall not be qualified for appointment,--
       (a) as an Administrative Member, unless he has held for at least two years the post of Secretary to the Government of India or any other post u

S.6 Amendment of section

In section 7 of the principal Act, for the words "Vice-Chairman or, as the case may be, such one of the Vice-Chairman", the words "such one of the Members" shall be substituted.

Legal Commentary on Act: ADMINISTRATIVE TRIBUNALS (AMENDMENT) ACT, 2006

Section 6

Introduction

Section 6 of the Administrative Tribunals (Amendment) Act, 2006, primarily deals with the qualifications required for appointment as a Judicial Member of an Administrative Tribunal. The amendment seeks to specify the criteria for eligibility, ensuring that members possess a judicial background or equivalent administrative experience. This section aims to uphold the integrity, judicial independence, and competence of tribunal members, aligning their qualifications with those of High Court judges or experienced government officials.

What does Section 6 Say?

Section 6, as amended in 2006, prescribes the qualifications for appointment as Chairman, Vice-Chairman, and Members of Administrative Tribunals. It stipulates that:- A person shall not be qualified unless they are, or have been, a judge of a High Court, or- They have held the post of Secretary to the Government of India in the Department of Legal Affairs or Legislative Department for at least two years, including roles such as Member-Secretary of the Law Commission of India, or- They have held the post of Additional Secretary to the Government of India in the Department of Legal Affairs or Legislative Department for at least five years.

Essential Ingredients

Judicial Qualification: Being or having been a judge of a High Court.
Administrative Experience: Holding senior government positions such as Secretary or Additional Secretary in relevant departments for specified durations.
Eligibility Conditions: These qualifications are mandatory for appointment, ensuring members have substantial legal or administrative expertise.

Scope of Section 6

Applies to the appointment of Chairman, Vice-Chairman, and Members of Administrative Tribunals post-amendment.
Ensures that only qualified individuals with judicial or senior administrative experience can be appointed.
The section also indirectly influences the selection process, emphasizing the importance of judicial or equivalent administrative experience.

Punishment for Section (or related violations)

While Section 6 itself does not specify punishments, violations of appointment criteria could result in the appointment being deemed invalid or challenged legally. The broader legal framework ensures that appointments not adhering to prescribed qualifications can be subject to judicial review, and any misconduct may attract penalties under general administrative or judicial misconduct laws.

Legal Comments

"Qualification" - The section mandates that only individuals with judicial or senior administrative experience are eligible, thus maintaining high standards for tribunal members - [Union of India VS Shanker Raju].
"Judicial Member" - Defined by the requirement of being or having been a High Court judge, ensuring judicial independence and competence - [Union of India VS Shanker Raju], [Union of India vs Shanker Raju].
"Administrative Experience" - Holding key government posts such as Secretary or Additional Secretary for specified periods qualifies a candidate, emphasizing administrative expertise - [Union of India VS Shanker Raju], [Union of India vs Shanker Raju].
"Amendment Purpose" - The amendment aims to standardize qualifications, align with High Court standards, and enhance the credibility of tribunal members - [Union of India VS Shanker Raju].
"Eligibility Conditions" - The conditions restrict appointment to qualified individuals, reducing the risk of arbitrary or unqualified appointments - [Union of India VS Shanker Raju].
"Scope of Qualifications" - Applies to Chairman, Vice-Chairman, and Members, ensuring uniformity across tribunal appointments - [Union of India VS Shanker Raju].
"Continuity of Service" - Section 10A preserves the terms of existing appointees, allowing for reappointment if they meet the new qualification criteria upon completing their tenure - [Union of India VS Shanker Raju].
"Legal Validity" - The qualifications serve as a safeguard against invalid appointments and uphold the rule of law in administrative justice - [Union of India VS Shanker Raju].
"Comparison with High Court Judges" - The criteria align tribunal members' qualifications with those of High Court judges, reinforcing judicial independence - [Union of India VS Shanker Raju], [Union of India vs Shanker Raju].
"Impact on Appointment Procedure" - The amendment influences the selection process, emphasizing the importance of judicial or administrative experience for eligibility - [Union of India VS Shanker Raju].
"Legal Safeguards" - Ensures that appointments are made based on merit and experience, reducing chances of nepotism or favoritism - [Union of India VS Shanker Raju].
"Qualification Verification" - The onus is on the appointing authority to verify that candidates meet the prescribed qualifications, ensuring transparency - [Union of India VS Shanker Raju].
"Legal Challenges" - Non-compliance with qualification criteria could lead to legal challenges, affecting the legitimacy of appointments - [Union of India VS Shanker Raju].
"Role of the Central Government" - The Central Government has the authority to prescribe qualifications and oversee appointments, aligning with administrative law principles - [Union of India VS Shanker Raju].
"Implications for Tribunal Credibility" - Strict qualification criteria enhance the credibility and independence of Administrative Tribunals - [Union of India VS Shanker Raju].
"Historical Context" - The amendment reflects a broader effort to professionalize tribunal membership and align it with judicial standards - [Union of India VS Shanker Raju].

Note: The references are based on the provided sources, primarily [Union of India VS Shanker Raju] and [Union of India vs Shanker Raju], which detail the amendments and their implications.

S.7 Substitution of new section for section 8

       For section 8 of the principal Act, the following section shall be substituted, namely:--
       Term of office
       "8. (1) The Chairman shall hold office as such for a term of five years from the date on which he enters upon his office:
       Provided that no Chairman shall hold office as such after he has attained the age of sixty-eight years.
       (2) A Member shall hold office as such for a term of five years from the date on which he enters upon his office extendable by one more term of five years:
       Provided that no Member shall hold office as such after he has attained the age of sixty-five years.
       (3) The conditions of service of Chairman and Members shall be the same as applic

S.8 Amendment of section 9

In section 9 of the principal Act, the word "Vice-Chairman" wherever it occurs shall be omitted.

S.9 Amendment of section 10

       In section 10 of the principal Act,--
       (i) the word "Vice-Chairman" wherever it occurs shall be omitted;
       (ii) after the proviso, the following proviso shall be inserted, namely:--
       "Provided further that where a serving Government officer is appointed as a Member, he shall be deemed to have retired from the service to which he belonged on the date on which he assumed the charge of the Member but his subsequent service as Member shall, at his option, be reckoned as a post-retirement re-employment counting for pension and other retirement benefits in the service to which he belonged.".

S.10 Insertion of new section 10A

       After section 10 of the principal Act, the following section shall be inserted, namely:--
       Saving terms and conditions of service of Vice-Chairman
       "10A. The Chairman, Vice-Chairman and Member of a Tribunal appointed before the commencement of the Administrative Tribunals (Amendment) Act, 2006 shall continue to be governed by the provisions of the Act, and the rules made thereunder as if the Administrative Tribunals (Amendment) Act, 2006 had not come into force:
       Provided that, however, such Chairman and the Members appointed before the coming into force of Administrative Tribunals (Amendment) Act, 2006, may on completion of their term or attainment of the age of sixty-five or sixty-two years, as the case may be, whichever is earlier may, if eligible in terms of section 8 as amended by the Admini

S.11 Amendment of section 11

       In section 11 of the principal Act,--
       (I) in clause (b), the words "Vice-Chairman or" shall be omitted;
       (II) clause (c) and clause (d) shall be omitted; and
       (III) in clause (e), the words "or Vice-Chairman" at both the places where they occur shall be omitted:
       (IV) in clause (f), the word "Vice-Chairman" at both the places where they occur shall be omitted.

S.12 Substitution of new section for section 12

       For section 12 of the principal Act, the following section shall be substituted, namely:--
       Financial and administrative powers of the Chairman
       "12. (1) The Chairman shall exercise such financial and administrative powers over the Benches as may be vested in him under the rules made by the appropriate Government.
       (2) The appropriate Government may designate one or more Members to be the Vice-Chairman or, as the case may be, Vice-Chairmen thereof and the Members so designated shall exercise such of the powers and perform such of the functions of the Chairman as may be delegated to him by the Chairman by a general or special order in writing.".

S.13 Amendment of section 31

In section 31 of the principal Act, for the words "Chairman, Vice-Chairman and other Members", the words "Chairman and other Members" shall be substituted.

S.14 Amendment of section 32

In section 32 of the principal Act, the word "Vice-Chairman" wherever it occurs shall be omitted.

S.15 Amendment of section 35

       In section 35 of the principal Act, in sub-section (2),--
       (i) in clause (b), for the words "Chairman, Vice-Chairman or other Member", the words "Chairman or other Member" shall be substituted;
       (ii) in clause (c), for the words "Chairman, Vice-Chairman and other Members", the words "Chairman and other Members" shall be substituted.