The Supreme Court has clearly told the Centre that no written exam or viva voce will be needed to appoint or reappoint presidents and judicial members of consumer commissions. It also directed ensuring a fixed five-year tenure.
New Delhi: The Supreme Court instructed the Centre to establish new rules for the selection and appointment of both judicial and non-judicial members in consumer forums within four months.
The court emphasized that these new rules must include a provision for a five-year tenure for such appointments.
A bench comprising Justices Abhay S Oka and M M Sundresh specified that the selection committee should have a majority of members from the judiciary.
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The bench stated,
“To achieve the same, the selection committee shall comprise two members from the Judiciary, one of whom shall be the Chairperson, and the third member from the Executive, all of whom shall have voting rights. However, this shall not preclude the concerned secretary from being an ex-officio member of the selection committee, without voting rights,”
The Supreme Court clarified that no written examination followed by a viva voce would be necessary for the appointment and reappointment of the president of the State Commission, judicial members of the State Commission, and the president of the District Commission.
The bench added,
“A written examination followed by a viva voce shall be required only for appointment and reappointment to the posts of non-judicial members of the State Commission and members of the District Commission. The written examination for appointments to the State and District Commissions shall be conducted in consultation with the respective State Service Commissions,”
The apex court approved the Centre’s proposal that the qualifications for the president of the District Commission be limited to either a serving or retired district judge.
The bench concluded,
“Upon notification of the new Rules by the Union of India, all the States are directed to complete the process of recruitment under the same, within a period of four months from the date of the notification of the said Rules,”
These directives arose from a plea challenging a Bombay High Court order concerning appointments and service matters in the Maharashtra State Consumer Disputes Redressal Commission.
Consumer Commissions in India are quasi-judicial bodies established under the Consumer Protection Act to resolve disputes between consumers and service providers, sellers, or manufacturers.
These commissions ensure that consumers are protected from unfair trade practices, defective goods, deficient services, and exploitation.
Case Title: Ganeshkumar Rajeshwarrao Selukar & Others vs. Mahendra Bhaskar Limaye & Others, Civil Appeal No. 9982/2024