Not dignified for ex-judges to take test for consumer panel posts: CJI D Y Chandrachud

Not dignified for ex-judges to take test for consumer panel posts: CJI D Y Chandrachud

NEW DELHI: High court judges can examine every issue under the sun and even top bureaucrats in a given case, but are reluctant to clear a written test followed by an interview to head state consumer forums.

The Supreme Court and govt on Friday were on the same page that it was below dignity of constitutional court judges to appear in written tests, a subsequent interview and secure minimum 50% marks in both the examination and viva voce to get selected as presidents of state consumer disputes redressal commissions (SCDRCs).

A bench headed by CJI D Y Chandrachud said, “It is rather undignified to make retired HC judges sit for examinations. Most of the competent retired judges are averse to it. Their competence should be considered based on the judgments rendered by them as sitting judges.” The CJI said even retired district judges are reluctant to go through such a selection process.

Solicitor general Tushar Mehta agreed with the CJI, but pointed out that the govt by an amendment to the selection rules had done away with the requirement of retired judges going through written test-viva voce selection process to become SCDRC president.

Mehta said this amendment was struck down by a bench of Justices M R Shah and M M Sundresh on March 3, 2023. The SC had invoked its omnibus powers under Article 142 of the Constitution and said “for appointment of President and members of the state commission and district forums, the appointment shall be made on the basis of performance in written test consisting of two papers”.

The two papers, each of 100 marks, was to test the retired judges competence in general knowledge, constitutional law and consumer laws, ability to write essays on trade and commerce as well as consumer related issues or public affairs; and write a case study to determine his/her abilities in analysis and drafting.

The two-judge bench had also said, “The qualifying marks in each paper shall be 50% 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 CJI requested the SG to ask the consumer affairs ministry to evaluate the impact of the judgment, the necessity of holding examination for retired judges and file an application for suitable relief. The SG said he would file it within a week. The bench fixed further hearing on February 15.

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