SC invalidates selection procedure of Consumer Commissions Members/Presidents


Reference Case: High Court of Judicature at Bombay, Nagpur Bench, Writ Petition No. 3680/2023 Dr.Mahendra Bhaskar Limaye & others


1.  Union of India, Through its Secretary, Ministry of Consumer Affairs, Food and Public Distribution, Department of Consumer Affairs, Krushi Bhavan, New Delhi.

2. State of Maharashtra, Through its Secretary, Food and Civil Supplies and Consumer Affairs, Department/Ministry, Mantralaya, Mumbai-32.

Dr Prem Lata ,Legal Head           


The question remains unanswered as to whether this judgment will invalidate the whole process so far taken to appoint Members and Presidents of Maharashtra state?

In my opinion the law laid down by the parliament of the country can be amended through proper legislative process and not by the courts. Courts are to interpret the law and if any case law violates the basic principles of natural justice, courts may direct the Govt. to amend the same by fixing time limitation .Also court can give guidelines for process in future cases till amendment is done .This has been done by SC in the case of Section 10(2) under power Article 142 of the constitution.

Further, the entire process cannot be invalidate if there is no wrong done in the cases where procedure laid down in the Act by parliament is followed by selection committee. Once law is in the books and it is followed ,it is very much valid ,may be irregularity found in view of natural justice .Remedy for it is to direct the Got to amend it but not invalidate the process which has been followed as per prevailing law

Further some legal scholars also suggest to amend the Rule 6(2)of rules2020with retrospective effect .In my opinion retrospective effect can be adopted in the interest of citizens at large .But in this case it will invalidate the whole process of appointment ,hence not a special case to do so.

Further, tenure of four year for Members/President has been done after careful thought given to this aspect. Since parliament is empower to make any change in the previous law, reference of any other case with different fact cannot be made applicable and set aside the changed provision. However process of re-appointment can be taken on the basis of previous performance, this will suit to the natural justice doctrine.


By Dr Perm Late,

Ex-Member Consumer Commission 

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