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Supreme Court of India

Madras Bar Association v. Union of India and Anr.

Neutral citation
Bench L. Nageswara Rao, Hemant Gupta and S. Ravindra Bhat JJ.
Decided 14 July 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

Held as under: 24. … It is also necessary to reiterate that a mere possibility of abuse of a provision, does not, by itself, justify its invalidation.

Judgment, page 125

From the headnote

Tribunals – Finance Act, 2017 – ss.184 and 186(2) [as amended by the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021] – Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 – ss.12 and 13 – Appointment as Chairperson / Member of Tribunals – Procedure – Conditions of service – Age qualification – Principles of separation of powers – Independence of judiciary – Impermissibility of legislative override – Challenge to first proviso and second proviso, read with third proviso to s.184 (1) – Whether first proviso to s.184(1) which stipulated that…

Authorities it was built on

Where later benches applied it

Of those, 1 referred to

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