The Notification of Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Services of Members) Rules, 2021 was made by the Finance Ministry on 30 June 2021.
The Rules pertaining to qualifications of Chairpersons, Presidents, and Members of tribunals were amended mentioning that only those persons of Indian Legal Service with 10 years of experience in litigation will be eligible for appointment as judicial members. The qualifications required for an advocate to be a member of tribunals include :
Debts Recovery Appellate Tribunal (DRAT) : a member of the Indian Legal Service with ten years of experience in litigation and has held a post of Additional Secretary or any equivalent or any higher post for two years;
National Company Law Appellate Tribunal (NCLAT): has been an advocate for ten years with substantial experience in litigation in matters relating to company affairs before National Company Law Tribunal, National Company Law Appellate Tribunal, High Court or Supreme Court.
CESTAT: a member of the Indian Legal Service with ten years of experience in litigation and has held a post of Additional Secretary or any equivalent or higher post for two years; or advocate for ten years with substantial experience in litigation under indirect tax laws in Customs, Excise and Services.
ITAT: a member of the Indian Legal Service with ten years of experience in litigation and has held a post of Additional Secretary or any equivalent or higher post for two years; or advocate for ten years with substantial experience in litigation under income tax laws in ITAT, High Court or Supreme Court.
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