 bill no  25 of  2016 the administrative tribunals (amendment) bill, 2016 byshri dushyant chautala, mp a billfurther to amend the administrative tribunals act, 1985be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the administrative tribunals (amendment) act, 2016short title and commencement(2)  it shall come into force on such date as central government may, by notification inthe official gazette, appoint5| 13 of 1985                                                                                 | amendment                                                                            ||---------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------|| of section 6                                                                               |                                                                                      || 2                                                                                          | in the administrative tribunals act, 1985, in section 6, in sub-section (1), for the || words "unless he is, or has been, a judge of a high court" the words, "unless he is a judge |                                                                                      || of a high court or an advocate for at least ten years in a high court or two or more such   |                                                                                      || courts in succession" shall be substituted                                                 |                                                                                      | statement of objects and reasonsthe concept of separation of powers was proposed by montesquieu in the sixteenth century and the concept of equal opportunity has been highlighted by the makers of the constitution through various provisions these two ideas are required to be incorporated in the administrative tribunals act, 1985 which provides for adjudication or trial by administrative tribunalsthe executive, the legislature and the judiciary are known as the three pillars of democracy it is believed that the three should function independently without major intervention of each other and that would ensure that the respective duties are discharged in the best possible manner however, at the same time, there should be sufficient check and balance on these three wings for an effective government, so as to avoid one of them from becoming totalitarian in nature in india, the check and balance system has been working effectively however, it has come to notice that some of the tribunals and commissions have exclusive provisions where only retired judges of supreme court or high courts are being appointed by the executive this lies absolutely against the spirit of the constitutiontherefore, the proposed amendment is put forth to remove the provision for appointment of retired judges as chairman and members thus only a sitting judge of supreme court or high courts, as the case may be, can be appointed to such post if that judge wishes to leave his office of judge voluntarily and assents to join tribunal or commissionthe bill also proposes to insert provisions wherein an advocate with not less than ten years of practice becomes eligible to be appointed as the chairman of the tribunal the rationale of such could be found in our constitution which provides for appointment of advocates with certain years of practice as judge of supreme court or high court the same should be applied for tribunals this will facilitate the speedy disposal of the cases pending in tribunals because the positions in the tribunal shall not remain vacant for long this also captures the idea of providing equal opportunity to people with equal experience and eligibilitythe proposed amendment seeks to ensure that the doctrine of checks and balances and the right to equality is maintainedhence this billnew delhi;dushyant chautalafebruary 10, 2016 annexure extract from the administrative tribunals act, 1985 (act  no 13 of 1985)         6 (1) a person shall not be qualified for appointment as the chairman unless he is or has been a judge of a high court          ———— a billfurther to amend the administrative tribunals act, 1985————(shri dushyant chautala, mp)gmgipmrnd—4229ls(s3)—26022016