New Delhi, November 21
The Supreme Court today expressed dissatisfaction over the Centre’s affidavit defending the appointment of a non-judicial person as chairman of the Competition Commission, forcing Attorney General Soli J. Sorabjee to make a commitment that the government would delete Section 39 of the relevant statute, which facilitates such an appointment.
“One thing that Mr Attorney General should keep in mind is that the domain of judiciary is not encroached upon,” a Bench comprising Chief Justice Mr V.N. Khare and Mr Justice S.B. Sinha said, rejecting his arguments that there was a practice of appointing non-judicial member as head of such a body in the UK, USA and some other countries.
“We are not concerned about what is happening in the USA or UK. We have to go by our Constitution,” the Chief Justice observed, while hearing a public interest litigation (PIL) challenging the appointment of former Commerce Secretary Deepak Chatterjee, a non-judicial member, as chairman of the commission recently.
The Competition Commission had been constituted under the Act of Parliament to replace the Monoplies and Restrictive Trade Practice Commission in the wake of globalisation of the
economy.
As the government came under fire from the court for “encroaching upon the judicial domain”, Mr Sorabjee made a statement that the controversial Section 39 of the Competition Commission Act, providing for the appointment of non-judicial member as chairman of the panel, would be deleted.
Meanwhile, according to a PTI report the Centre today submitted before the Supreme Court a major amendment to the Competition law, saying the High Courts will not be made institutions to implement the award given by the Competition Commission.
