The Supreme Court of India on Friday (2nd Febuay) has sought the Union Government’s perspective on the contentious issue of requiring retired judges to undergo written examinations for appointments to consumer commissions. This inquiry stems from a broader discussion on the selection process for members of State and District Commissions for Consumer Dispute Redressal, highlighting a critical examination of the balance between meritocracy and practical experience in the judiciary.
Chief Justice of India (CJI) emphasized the importance of evaluating a candidate’s analytical capabilities rather than mere memorization skills. Reflecting on the evolution of the examination process for Law Clerks cum Research Assistants in the Supreme Court, the CJI remarked on the shift towards assessing the potential for analysis and summarization, suggesting a similar approach could be beneficial for appointments to consumer commissions.
The challenge arises from the Supreme Court’s directions issued on March 3, 2023, which upheld a decision by the Bombay High Court to quash certain provisions of the Consumer Protection Rules, 2020. These provisions mandated a minimum professional experience of 20 and 15 years for adjudicating members at the State and District levels, respectively, and eliminated the written exam requirement for such appointments. The Supreme Court’s interim measures, pending amendments, include qualifications based on a bachelor’s degree and at least 10 years of experience in relevant fields, with appointments contingent on performance in written exams and viva.
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This legal discourse underscores a fundamental debate on the qualifications and selection criteria for consumer commission members. The Supreme Court’s intervention reflects concerns over transparency, meritocracy, and the potential for discretionary powers to compromise the integrity of appointments. The requirement for written examinations aims to ensure candidates’ competencies align with the judicial standards expected of quasi-judicial authorities.
The matter, set for further hearing on February 5, 2024, presents an opportunity for the Union Government to articulate its stance on the examination requirements for retired judges seeking roles in consumer commissions. This case not only addresses the procedural aspects of appointments but also delves into the broader implications for the justice delivery system and the safeguarding of consumer rights in India.
As the legal community and stakeholders await the Union Government’s response, the debate continues on the best approach to recruit experienced and competent individuals to these crucial positions. The outcome of this case could significantly influence the future framework for appointments to consumer commissions, potentially setting new standards for assessing the qualifications and suitability of candidates for these important roles.
