We are pleased to present to you the 7th episode of the Lawgically Speaking Series. We are honoured to host Retd. Justice Subodh Shah as a guest for this episode.
Appointment of Advocates with 10 Years Experience as Judicial Members of Various Tribunals
Topics Covered in this episode:
- What are your views on the recently amended Tribunal, Appellate Tribunal, and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020?
- Will such laws encourage young and meritorious legal practitioners to take up judicial duties?
- Does the appointment of young Advocates with mere 10 plus years of experience prove to have cascading effects on handling of judicial matters simply for the reason that they are not ‘experienced enough’ in such roles?
- If the above questions hold some water, do you think such orders and judgments of such appointee’s will be more prone to challenges, appeals etc., leading to long litigations?
- As you yourself are a Retired High Court Judge, do you think the acceptance of such young judges/Tribunal members etc., will be seen in a good light by yourself alike considering, the majority of the erstwhile judges/Tribunal members in the Indian Judiciary are all well versed with the Law as well as experienced practitioners?
- Just recently, HMJ D.Y.Chandrachud had commented in an open court during one of the hearings in the Supreme Court that, Arbitration/ADR which was deemed to be an in-expensive remedy has become expensive proceedings for the reason that Arbitrators (Retd. High Court and Supreme Court Judges) usually charges a heavy sum of money as arbitral fees. The appointment of such young and meritorious Advocates has to be encouraged to be acting as ‘Arbitrators’. What do you have to say about that?
- There are several of Tribunals such as- Narcotics Drugs (NDPSA), Prevention of Money Laundering (PMLA), Foreign Exchange (SAFEMA) etc., which are not functioning due to want of ‘coram’. Do you think the applicability of such laws will help reduce both, non-appointment as well as pendency before such Tribunals?
- What would be your advice to young Advocates like myself who after attaining the Bar standing for at least 10 years, consider such appointments? How should one attain a balance between the Bar and the Bench?
Retd. Justice Subodh Shah is the former judge of the High Court of Gujarat, City Civil & Session’s Court and has also worked as the Registrar for the Supreme Court of India.
Currently, he is working as an Arbitrator and Consultant possessing diverse knowledge of civil, commercial, constitutional and criminal laws.
Written by Siddhant Thakar
Founder & Editor