Editorial Note

Editorial Note

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Volume 10 Issue 3 ()

Tribunals were created as administrative adjudication bodies with the objectives of expediting the process, reducing the workload on the courts, and ensuring that both experts and judicial members would form part of the forum. On March 31, 2017, the Finance Bill, 2017 which aimed at merging as many as eight tribunals with other tribunals received the assent of the President, thus giving birth to the Finance Act, 2017, one of the most controversial pieces of legislations in the recent times. When the Bill was tabled before the Lok Sabha, it was voted to be a money bill and was approved by the Lok Sabha. The Finance Act, 2017 made amendments to the Companies Act, 2013, Competition Act, 2002, Industrial Disputes Act, 1947, Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, Copyright Act, 1957, Trademarks Act, 1999, National Green Tribunal Act, 2010 among other legislations so as to provide for merger of certain tribunals and lay down the conditions of service of members of such merged tribunals. The Finance Act has provided for the merger of Competition Appellate Tribunal (‘COMPAT’) with the National Company Law Appellate Tribunal (‘NCLAT’). The provisions regarding this amalgamation of tribunals were made effective from May 26, 2017 through a notification of Ministry of Finance. Further, on June 1, 2017, the Ministry of Finance also notified The Tribunal, Appellate Tribunal and Other Authorities (Qualifications, Experience and Other Conditions of Service of Members) Rules, 2017 (‘Rules’) which gives undue power to the government for the appointment, control and disqualification of the members of the merged tribunals…

Cite as: NUJS Law Review, Editorial Note, 10 NUJS L. Rev. 0 (2017)