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Benami Act provision allowing bureaucrats to be judicial members of appellate tribunal unconstitutional: Madras High Court

The Court, on hearing both parties, found that while appointing a technical member, the appropriate qualification could be provided by the legislature. However, keeping in mind the independence of the judicial system, the apex court had held that only Judges and advocates could be considered for appointment as judicial members of tribunals.

The principal issue decided qua the basic structure of constitution ensures the separation of powers and independence of the Judiciary from the clutches of the Executive,” the Court noted while stating that the principle laid down in R. Gandhi was applicable to all tribunals.

Source: Barandbench

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