TMI Blog2005 (1) TMI 410X X X X Extracts X X X X X X X X Extracts X X X X ..... on of powers recognized by the Constitution. Any way, it is for those who are concerned with the process of amendment to consider that aspect. It cannot be gainsaid that the Commission as now contemplated, has a number of adjudicatory functions as well. Thus, leaving open all questions regarding the validity of the enactment including the validity of rule 3 of the Rules to be decided after the amendment of the Act as held out is made or attempted, we close this Writ Petition declining to pronounce on the matters argued before us in a theoretical context and based only on general pleadings on the effect of the various provisions to support the challenge based on the doctrine of separation of powers - WP (C) NO. 490 OF 2003 - - - Dated:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act. Pursuant to this, some of the sections of the Act were brought into force on 31-3-2003 vide S.O. 340(E) and published in the Gazette of India dated 31-3-2003 and majority of the other sections by notification S.O. 715(E), dated 19-6-2003. In view of bringing into force sections 7 and 8 of the Act, the Central Government had to make prescription for the appointment of a Chairman and the members as composing the Commission in terms of section 9 of the Act. 2. In exercise of the Rule-making power under section 63(2)( a ) read with section 9 of the Act, the Central Government made "The Competition Commission of India (Selection of Chairperson and Other Members of the Commission) Rules, 2003" and published the same in the Gazette ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that he had not taken charge since he was content to await the orders of this Court in view of the filing of this Writ Petition. 3. The present Writ Petition was filed in this Court by a practicing Advocate essentially praying for the relief of striking down rule 3 of the Competition Commission of India (Selection of Chairperson and Other Members of the Commission) Rules, 2003 (hereinafter referred to as the Rules ) and for other consequential reliefs including the issue of a writ of mandamus directing the Union of India to appoint a person who is or has been a Chief Justice of a High Court or a senior Judge of a High Court in India in terms of the directions contained in the decision in S.P. Sampath Kumar v. Union of India [1987 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the statute could not be successfully challenged on the principle of separation of powers recognized by the Constitution. It was also contended that the Competition Commission was an expert body and it is not as if India was the first country which appointed such a Commission presided over by persons qualified in the relevant disciplines other than judges or judicial officers. Since the main functions of the expert body were regulatory in nature, there was no merit in the challenge raised in the Writ Petition. 4. During the pendency of the Writ Petition, two additional counter affidavits were filed on behalf of the Union of India, in which it was submitted that the Government was proposing to make certain amendments to the Act and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sel for the petitioner is that the prospect of an amendment or the proposal for an amendment cannot be taken note of at this stage. Since, we feel that it will be appropriate to consider the validity of the relevant provisions of the Act with particular reference to rule 3 of the Rules and section 8(2) of the Act, after the enactment is amended as sought to be held out by the Union of India in its counter affidavits, we are satisfied that it will not be proper to pronounce on the question at this stage. On the whole, we feel that it will be appropriate to postpone a decision on the question after the amendments, if any, to the Act are carried out and without prejudice to the rights of the petitioner to approach this Court again with specifi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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