The Hindu Business Line : Only technical expert for competition panel: Govt

THE Centre today informed the Supreme Court that only a technical expert and not a judge would be the chairperson of the Competition Commission of India (CCI).

The United Progressive Alliance Government thereby endorsed the stand of the previous National Democratic Alliance government that only persons with technical background could head this expert panel.

In its affidavit filed before a three-judge Bench comprising the Chief Justice, Mr R.C. Lahoti, Mr Justice G.P. Mathur and Mr Justice P.K. Balasubramanyan, the Centre made it clear that "the chairperson of the CCI should be an expert and not a judge."

The Bench asked counsel for the Centre to think over the proposals again and posted the matter for final hearing on November 2.

During the course of hearing of a petition filed by advocate Mr Brahm Dutt challenging the constitutional validity of the CCI Act, the apex court, while staying the appointment of a bureaucrat to head the CCI in October last, had suggested to the then Attorney-General to bring amendments to the Act. The petitioner had questioned the provisions by which the decisions of the CCI headed by a bureaucrat would be enforced by the various high courts.

In its fresh proposals, the Centre, while reiterating that the CCI needed to be a body of experts, said that if at all a judge was included in the CCI, it would be on the strength of his expertise in the field and not because of his judicial background.

It, however, said there would be an appellate tribunal to hear appeals against the orders of the Commission and that this tribunal would be headed by a sitting or retired Supreme Court judge or chief justice of a high court. The other two members would be members with expertise in competition and related matters.

The Centre said the CCI, apart from the chairperson, should have a maximum of six members (total seven members). On the selection process of the members, it said a retired judge of the Supreme Court or high court, to be nominated by the Chief Justice of India, should head the Selection Committee.

The selections/appointments already made to the CCI would be subject to review by the new Selection Committee to be so constituted and the Selection Committee could also consider fresh names, it said.

The chairperson and members of the appellate tribunal would be selected by a separate Selection Committee headed by the Chief Justice of India or his nominee and comprising Secretary, Company Affairs and Law Secretary.

The Centre also agreed to amend the controversial provision relating to execution of the orders of the CCI by the high courts and substituted the high courts with civil courts. In another significant modification, the Government said that CCI would be divested of the power to detain a person in civil prison in the event of contravention of provisions of the Act.

The Centre further said that the constitutionality of the Act should be read as a whole along with the proposed amendments and it would be erroneous to dwell upon any particular provision in isolation. In the light of the amendments proposed, the Act did not suffer from any infirmity, the Centre said and sought dismissal of the petition.

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