Common Cause vs The Union Of India on 11 December, 2015

1. This petition under Article 226 of the Constitution of India was filed

as a Public Interest Litigation (PIL) seeking the reliefs, (a) that no retired

Supreme Court Judge can give chamber advice to any party; and, (b) that no

retired Supreme Court or High Court Judge will take up arbitration work

while he / she is a Chairperson / Member of any Government appointed

constitutional / statutory body, commission, commission of inquiry, tribunal

or appellate body.
2. The petition was entertained only qua prayer (b).
3. An affidavit dated 19th July, 2011 was filed by the Under Secretary in
W.P.(C) No.866/2010 Page 1 of 12
the Department of Legal Affairs, Ministry of Law & Justice, Govt. of India

stating that the issue of taking up arbitration work by the Chairpersons /

Members of Tribunals and Statutory Authorities, while so functioning was

under consideration and it was proposed to formulate a „Uniform Policy‟

regulating the terms and conditions of service of the Chairpersons /

Members of Tribunals and Statutory Authorities. It was further informed

that it was proposed that Chairpersons / Members of the Tribunals and

Statutory Authorities appointed, after coming into force of the Uniform

Policy will not be allowed to take up arbitration work, while functioning as

Chairperson / Member of the Tribunal and Statutory Authority.

Source: Indian Kanoon

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