Supreme Court Exempts Former High Court Judges from Written Exam for Consumer Chief Appointments

The Supreme Court, led by Chief Justice Dhananjaya Y Chandrachud, recently made a significant exception in the selection process for state consumer commissions. Former high court judges are now exempt from a mandatory written exam, a move aimed at streamlining the appointment process. This decision follows a batch of appeals challenging a notification by the Centre in September 2023, which introduced a written exam for heads and members of state and district consumer forums.

The Court, acknowledging the challenges posed by the written exam in filling vacant posts, sought suggestions from the Centre to improve the selection procedure. Last month, the top court recommended amending the regulations, leading the Centre to express its willingness to do so, deeming the exam neither "feasible" nor "desirable."

Chief Justice Chandrachud emphasized the impracticality of subjecting former high court judges to such exams, comparing it to asking a former Supreme Court judge to test on environmental matters before heading the national green tribunal. The Court also voiced concerns about potential "backdoor entry" for lawyers without a selection examination.

To address these issues, the Supreme Court directed the relaxation of the written examination and viva voce for the appointment of Presidents of state consumer commissions. The appointments will now require consultation and concurrence with the chief justice of the respective high court.

The Court proposed refining the selection committee by including the law secretary of the respective state, aiming for a more objective and transparent process. This move aligns with previous judgments upholding the judiciary's primacy in making appointments to judicial and quasi-judicial tribunals.

Additional solicitor general Aishwarya Bhati agreed to return with concrete proposals, ensuring objectivity and transparency in the selection of heads of district consumer forums and members of state and district consumer commissions.

These developments stem from appeals filed by the Centre and the Maharashtra government against a Bombay High Court order on October 20, 2023, which struck down key provisions of the Consumer Protection Rules, 2023. The rules introduced the mandatory written test following the Supreme Court's March 3, 2023 judgment.