COMMON CAUSE Vs. UNION OF INDIA

JUDGEMENT

(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 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.