Case Note & Summary
The case involved appeals concerning the constitutionality of Section 129(6) of the Customs Act, 1962, which prohibits former members of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) from appearing before it after demitting office. The appellant, who had served as a member of the CEGAT and later the CESTAT, challenged this provision, arguing it was ultra vires the Constitution. The Supreme Court noted that the appellant had joined the Indian Customs and Central Excise Service in 1956 and served in various capacities before being appointed to the CEGAT in 1990, from which he demitted office in 1993. The court highlighted that the amendment introducing Section 129(6) was made in 2003, after the appellant had already left office. The High Court had previously dismissed the appellant's writ petition, asserting that the restriction was reasonable and aimed at enhancing the integrity of the tribunal system. The Supreme Court analyzed the legislative intent behind the provision, emphasizing that while fundamental rights are protected, they are subject to reasonable restrictions. The court concluded that the restriction imposed by Section 129(6) was not absolute and served a larger public interest, thereby upholding its constitutionality. The decision reinforced the principle that legislative determinations regarding restrictions on rights are generally conclusive unless proven unreasonable. The court ultimately dismissed the appeals, affirming the High Court's judgment.
Headnote
A) Constitutional Law - Legislative Competence - Validity of Section 129(6) - Customs Act, 1962 - The court upheld the constitutionality of Section 129(6) which restricts former members of the CESTAT from appearing before it, finding it a reasonable restriction in the interest of public confidence in justice administration. The provision was deemed not to impose an absolute restriction on the right to practice law, as other avenues remained open for advocates (Paras 20-21).
Issue of Consideration
Whether Section 129(6) of the Customs Act, 1962 is ultra vires the Constitution of India and its applicability to the petitioner.
Final Decision
The Supreme Court upheld the constitutionality of Section 129(6) of the Customs Act, 1962, affirming the High Court's dismissal of the writ petition. The court found the restriction reasonable and serving public interest, allowing the legislative intent to stand.
Law Points
- Constitutional validity
- reasonable restrictions
- fundamental rights
- legislative competence
- professional conduct
