Case Title: Secretary Ministry of Consumer Affairs v. Dr Mahindra Bhaskar Limaye and Others
A Bench of Justices MR Shah and MM Sundresh paved the way for lawyers and other professionals with ten years of experience in relevant fields to be members of state and district consumer forums.
The Court using its plenary powers under Article 142, also deemed that selection for consumer fora will be through two written papers till a law is enacted.
“Till the suitable amendments are made…in exercise of powers under Article 142 of the Constitution of India and to do complete justice, we direct that in future and hereinafter, a person having bachelor’s degree from a recognized University and who is a person of ability, integrity and standing, and having special knowledge and professional experience of not less than 10 years in consumer affairs, law, public affairs, administration, economics, commerce, industry, finance, management, engineering, technology, public health or medicine, shall be treated as qualified for appointment of President and Members of the State Commission,” the order stated.
Similarly, the Rule requiring 15 years’ experience for appointment to district consumer forums was also struck down.
The top court at the outset said that the High Court was right in striking down the rules.
“As per Article 233 of the Constitution, a lawyer needs to have only 7 years of practice as an advocate in High Court. Under the circumstances to provide 20 years’ experience under Rule 3(2)(b) is rightly held to be unconstitutional, arbitrary and violative of the Article 14 of the Constitution of India. We are in complete agreement with the view taken by the High Court.“
For the written examinations on the basis of which appointments are made to consumer fora, the Court directed that there will be two papers. The first paper would be a two-hour objective-type assessment on general knowledge and consumer law. The second would be a three-hour one, involving writing an essay on public affairs or trade and consumer commerce, as well as a case study to test analytical and drafting abilities.
“The qualifying marks in each paper shall be 50 per cent and there shall be viva voce of 50 marks. Therefore, marks to be allotted out of 250, which shall consist of a written test consisting two papers, each of 100 marks and the 50 marks on the basis of viva voce,” the Bench stated.
Source: Barandbench
