The composition of two-member benches within tribunals, particularly focusing on bodies like the National Consumer Disputes Redressal Commission (NCDRC), is set to be deliberated upon by the Supreme Court of India. This issue has gained prominence due to its potential impact on various tribunals established under different statutes across the country.

A bench comprising Justices Surya Kant, Dipankar Datta, and K.V. Viswanathan has taken up the matter, recognizing its broader implications. The key contention under consideration is whether the inclusion of a Judicial Member, who would also serve as the Presiding Member of the Bench, is necessary.

Acknowledging the complexity and importance of the issue, the bench has called upon the Attorney General for India, R. Venkatramani, to provide assistance to the Court in addressing this matter. In response, the Attorney General has requested four weeks' time to thoroughly examine the composition of various tribunals established under Articles 323A and 323B of the Constitution of India, as well as those instituted under different statutes.

During the proceedings, Advocate-on-Record (AOR) C. George Thomas represented the petitioner, while Attorney General R. Venkatramani appeared on behalf of the respondents. In granting the requested time for examination, the bench has directed both parties to submit a comprehensive compilation of relevant provisions pertaining to the composition of tribunals, particularly emphasizing the role of Judicial Members.

The Supreme Court has scheduled the matter for further hearing on April 3, 2024.

Case: The New India Assurance Co. Ltd. V. M/S Aczet Private Limited (Earlier Known As M/S Citizen Scale (India) Private Limited),

Civil Appeal No(s).3743/2023.

Click to read/download order.