In a recent development, the Supreme Court dismissed a plea seeking a review of its March 2023 ruling, which had paved the way for professionals with a minimum of 10 years of relevant experience, including lawyers, to become members of State and district consumer forums. The division bench, comprising Chief Justice of India DY Chandrachud and Justice MM Sundresh, determined that there was no evident error on record that warranted a reexamination of the earlier judgment. Consequently, the review petition was rejected.
On March 3, the Supreme Court had upheld a decision by the Bombay High Court that invalidated certain provisions of the Consumer Protection Rules, 2020, pertaining to the appointment of Presidents and members to State and district consumer disputes redressal commissions. The rules in question mandated a candidate to possess a minimum of 20 years of experience for appointment to the State consumer dispute redressal commission and at least 15 years of experience for an appointment to the district commission.
The High Court had ruled that these requirements contravened Article 14 of the Constitution and had quashed them, alongside the ongoing selection process at that time. The High Court's decision drew support from previous Supreme Court cases, such as the State of Uttar Pradesh and others v. All UP Consumer Protection Bar Association and Madras Bar Association v. Union of India. These cases underscored the notion that a judicial office embodies a position of public trust, necessitating individuals of exceptional integrity and expertise to occupy judicial roles.
The Supreme Court, in March, upheld the High Court's ruling, additionally stipulating that the selection process for these consumer forums would involve two written examinations until new legislation is formulated for such appointments. The same judgment was the subject of the review plea that has now been dismissed by the apex court.
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TAGS: Supreme Court review petition March 2023 judgment State and district consumer forums 10 years of experience Chief Justice DY Chandrachud Justice MM Sundresh Bombay High Court Consumer Protection Rules 2020 appointment provisions Article 14 Constitution violation quashed selection process written examinations.
