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| This guarantee was given by Attorney-General Soli Sorabjee after the judges assailed the law that set up the commission for giving precedence to bureaucrats over high court judges in appointments. |
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| The government has named Commerce Secretary Deepak Chatterjee as chairman of the commission. He was expected to take up his new assignment today. |
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| "It is a direct onslaught on the judiciary," Chief Justice V N Khare remarked when a public interest petition moved by a lawyer was taken up. "We can't permit this to go on," and asked how a high court judge could be asked to function under a bureaucrat. |
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| Sorabjee tried to pacify the court, saying the government was aware of the dignity of the judiciary and, even in this case, it was not the intention of the government to denigrate the dignity of the high courts. |
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| The court then allowed two weeks to the government to file a written reply. The case will be taken up again on November 21. |
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| According to Rule 3 of the Competition Act, the Centre must constitute a committee for the selection of the chairperson and members of the commission. |
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| The selection committee must consist of a retired judge of the Supreme Court or a high court or a retired chairperson of a tribunal or a distinguished jurist or senior advocate. |
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| No judge, however, has been appointed as a member of the selection committee. Therefore the appointment of Chatterjee as chairman of the commission is invalid, it is argued in the petition. |
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| A Constitution Bench of the Supreme Court had earlier laid down that tribunals with judicial powers equivalent to high courts should be headed by a person with judicial experience. The rule was made in the context of administrative tribunals. |
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| The government has been largely following this rule. The Monopolies and Restrictive Trade Practices Commission, which is to be replaced by the Competition Commission, has always been headed by a retired high court judge. The new law has changed the norm, giving precedence to bureaucrats. |
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| A committee had reported to the law ministry in 1999 that the judiciary might be inexperienced in dealing with free market problems, though it has exposure to commercial matters. |
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| "With due respect to the judiciary around the world and in particular India, it needs to be underscored that in the era of specialisation, competition law would be better administered and consumer welfare better subserved if placed in the hands of a specialised agency," the committee had said. |
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