 bill no 100 of  2016 the competition (amendment) bill, 2016 byshri dushyant chautala, mp a billfurther to amend the competition act, 2002be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1  (1) this act may be called the competition  (amendment) act, 2016short title and commencement5(2) it shall come into force on such date as the central government  may, by  notificationin the official gazette, appoint12 of 2003amendment of section 53d102 in the competition act, 2002, in section 53d, in sub-section (1), for the words "whois, or has been a judge of the supreme court or the chief justice of a high court" the words "who is a judge of the supreme court or the chief justice 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 framers of the constitution through various provisions these two ideas are required to be incorporated in the competition act, 2002 which provides inter-alia for establishment of a commission to prevent practices having adverse effect on competitionthe 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 dishcarged in the best possible manner however, at the same time, there should be sufficient check and balance on these three wings 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  the supreme court or the high courts are being appointed by the executives this lies absolutely against the spirit of  constitutiontherefore, the proposed amendment is put forth to remove the provision for appointment of retired judges as chairperson and members thus only a sitting judge of the supreme court or a high court, as the case may be, can be appointed to such post if that judge wishes to leave his office of judge voluntary 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 chairperson 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 the supreme court or a 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 tribunals 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 right to equality is maintainedhence this billfebruary 11, 2016 annexure extract from the competition act, 2002(act no 12 of 2003)     53d (1) the chairperson of the appellate tribunal shall be a person, who is, or has been a judge of the supreme court or the chief justice of a high court      lok  sabha———— a billfurther to amend the competition act, 2002————(shri dushyant chautala, mp)gmgipmrnd—31ls(s3)—25-04-2016