BCI urges CCI to review its composition, appoint judicial head [Read Letter]

The Bar Council of India (BCI) has addressed a letter to the Competition Commission of India (CCI) raising grievances concerning the composition and functioning of the latter body. In particular, it has called on the CCI to review its constitution to include representation from the judicial side, given that it performs adjudicatory functions..The letter signed by Co-Chairman of the BCI S Prabhakaran points out that while the CCI is expected to be instrumental in protecting the interests of consumers and small businesses, “as it stands today [it] is a forum for luxurious litigation only between big corporates, represented by a handful of big law firms, and beyond the reach of common man and relatively small advocates.”.As for the CCI’s constitution, the letter highlights that it was expected to ensure that the body was headed by a judicial member, more so because it was the successor to the MRTP Commission..“The CCI is the successor of Monopolies and Restrictive Trade Practices (MRTP) Commission under the MRTP Act, 1969. The proceedings before the MRTP Commission were judicial (S. 12). The said legislation stipulated that the Chairman of the MRTP Commission shall be a person who is, or has been or is qualified to be, a Judge of the Supreme Court or of a High Court. However, this requirement was dispensed with in case of CCI.”.A challenge to the constitution of the CCI in Brahm Datt v. Union of India had prompted the the government to submit that it would introduce a Bill with appropriate amendments to the Competition Act, 2002. However, the amended Competition Act did not bring any changes to the composition of the CCI, the letter points out..As such, it is argued that the CCI’s current composition is unconstitutional and requires review..“We submit that the basic structure of the Constitution will stand violated, if while enacting legislation pertaining to transfer of judicial power, Parliament does not ensure that the newly created court/tribunal conforms with the salient characteristics and standards of the court sought to be substituted. This has been ruled by the Hon’ble Supreme Court in a plethora of judgments starting from SP Sampath Kumar v Union of India till Justice KS Puttaswamy (Retd.) and Anr v Union of India and Others.“.The letter therefore calls for appointing a person who has served or is eligible to be appointed as a High Court judge at the helm of the CCI. It opines that it would be difficult to find an alternative that meets the constitutional requirements of a tribunal..On a concluding note, the letter also notes that such a change to the composition of CCI is also likely to make it more equitable and more accessible to the common man and relatively small and young advocates..Read the letter: