Articles
Challenge to Rule 6(1) of the Rules of 2020: Consumer Protection Act 2019 (The Appointment Procedure of Members/Presidents)
Case Title:
Dr.Mahendra Bhaskar Limaye & others
(High Court of Bombay, Nagpur Bench,)
V/S
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,
Mumbai-32.
Writ Petition No. 3680/2023
Decided On- 21 Oct 2023
Issue:
Challenge
to Rule 6(1) of the Rules of 2020: Consumer Protection
Act 2019
(The Appointment
Procedure of Members/Presidents)
Facts &Relief sought in writs: WPs
3680, 2107 & 2496-23, Writ Petition No. 2107 of 2023, and Writ Petition No.
2496 of 2023(Writ 3680 of 2023
1. The
President and the Members of the State Commission and the District Commission
can be appointed by the State Government on the recommendation of the Selection
Committee. The constitution of the Selection Committee consisting of two
members from the Executive as the Secretary in-charge of the Consumer Affairs
and a nominee of the Chief Secretary of the State, the doctrine of separation
of powers is violated. In the light of the law laid down in these decisions, it
is the contention of the petitioners that Rule 6(1) of the Rules of 2020
compromises the aspect of primacy to the judiciary in the Selection
2. Rule
6(1) of the Rules of 2020 be struck down on the above ground that diluting the
involvement of the judiciary in the process of appointment of the President and
members of the State Commission and the District Commission.
Final order
·
Rule 6(1) of the Rules of 2020 be struck down
·
Operation of the judgment be stayed for
a period of eight weeks for filing appeal
(Appeal
already filed before SC for adjudication dated 17 Nov 2023)
INTERPRETATION
OF LAW: HEAD NOTES
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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