Hearing on competition law begins

A three-judge bench of the Supreme Court, headed by Chief Justice RC Lahoti, today began final hearing on the challenge to the Competition Commission Act.

Counsel for the petitioner, RK Jain, pointed out that the commission was performing judicial functions as in the case of the Monopolies and Restrictive Trade Practices Commission and, therefore, the judiciary must have the upper hand in appointments and adjudication.

Jain read out provisions of the Act to show that the commission was a quasi-judicial body and undertook adjudicatory functions. The Madras High Court Bar Association supported Jain, and said the Act mixed up regulatory and executive process with adjudicatory functions.

The government counsel faced a barrage of questions from the Chief Justice, who observed that it would be difficult to sustain the law given the objections raised against it.

The government insisted that the commission was an expert body, where the judge's role was that of an expert. The court asked why there should be a judge at all, and how a technical expert could be distinguished from a judicial expert.

The judges also asked why the Chief Justice should nominate a retired judge to head the selection panel. "Do what you like and get it stamped by the Chief Justice of India?" the court asked the government. The hearing will continue on Wednesday.