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Supreme Court of India

Madras Bar Association v. Union of India and Anr.

Neutral citation
Reported as [2021] 5 S.C.R. 791
Bench L. Nageswara Rao, Hemant Gupta and S. Ravindra Bhat JJ.
Decided 14 July 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

Held as under: 24. … It is also necessary to reiterate that a mere pos sibility of abuse of a provision, does not, by itself, justify its invalidation.

Judgment, page 125

From the headnote

Tribunals – Finance Act, 2017 – ss.184 and 186(2) [ as amended by the Tribunal Reforms (Rationalisation and Con ditions of Service) Ordinance, 2021] – Tribunal Reforms (Ratio nalisation and Conditions of Service) Ordinance, 2021 – ss.12 and 13 – Appointment as Chairperson / Member of Tribunals – Procedure – Conditions of service – Age qualification – Principles of se paration of powers – Independence of judiciary – Impermissib ility of legislative override – Challenge to first proviso and sec ond proviso, read with third proviso to s.184 (1) – Whether first proviso to s.184(1) which

Authorities it was built on

Where later benches applied it

Of those, 1 referred to

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