NTT Act Unconstitutional! Existential Crisis For Tribunals?

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Published on Sat, Sep 27,2014 | 13:15, Updated at Sat, Sep 27 at 13:44Source : CNBC-TV18 | Watch Video :

The Madras Bar Association has waged a decade long war against the tribunalisation of justice in India. Its first big victory, albeit partial, was in the R Gandhi case. It did not succeed in striking down the creation of Company Law Tribunals but prompted the Supreme Court in laying down clear guidelines for the proper functioning of tribunals. For the last decade, it has also been fighting against the National Tax Tribunal (NTT) Act of 2005. Yet again, it has won! This week the Supreme Court struck down the NTT Act saying it was unconstitutional. The 3rd and equally landmark struggle is against the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCALT) as envisaged in the Companies Act, 2013. That case is still work in progress. What will this week's victory against the National Tax Tribunal Act mean for tribunals across the country? To discuss that, CNBC-TV18's Menaka Doshi speaks to Arvind Datar, the Senior Counsel who won the case for the Madras Bar Association and Former Solicitor General - Mohan Parasaran.

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