(1) The Central Government may, with the concurrence of the Chief Justice of India, by notification, make rules prescribing the other qualifications for appointment of a Judge referred to in clause (c) of sub-section (3) of section 4.
(2) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Simplified Explanation
Section 22 of the Family Courts Act, 1984 grants the Central Government the authority to make rules related to the qualification requirements for the appointment of Family Court judges, specifically for the other qualifications prescribed under Section 4(3)(c).
Key Provisions:
- Rule-Making Power of the Central Government:
- The Central Government, with the concurrence of the Chief Justice of India, can make rules that prescribe additional qualifications for the appointment of judges of Family Courts. These rules are framed specifically to address the qualifications for judges under Section 4(3)(c), which refers to the other qualifications required beyond judicial experience or advocacy experience.
- Procedure for Laying Rules Before Parliament:
- Once the Central Government makes a rule under this section, it must be laid before each House of Parliament as soon as possible.
- The rule must be laid before Parliament for a total period of 30 days during one session or across multiple sessions.
- If both Houses of Parliament agree to modify or annul the rule, it will either be modified accordingly or become void, depending on the nature of the decision.
- This process ensures Parliamentary oversight of the rules made by the Central Government under the Family Courts Act.
- Effect of Parliamentary Modifications:
- If both Houses agree to modifications or annul the rule, the rule will be effective only in its modified form or will have no effect, but any actions taken under the rule before modification or annulment remain valid.
Purpose and Impact:
- Ensuring Expertise in Family Court Appointments:
- This section allows the Central Government to define additional criteria for Family Court judges, ensuring that those appointed to these courts possess a well-rounded understanding of family matters, not just legal expertise. The inclusion of specialized qualifications is essential for judges to address the unique and sensitive nature of family law.
- Parliamentary Oversight:
- The requirement to lay the rules before Parliament provides checks and balances, ensuring that the rule-making power of the Central Government is transparent and subject to review. This ensures that the rules align with the broader objectives of the Family Courts Act and do not overstep the intended scope.
- Flexibility and Adaptation:
- The process for modifying or annulling the rules gives Parliament the ability to adapt the rules in response to changing circumstances or concerns, ensuring that the appointment of Family Court judges remains relevant and in line with the evolving needs of the judicial system.
- Stability and Continuity:
- By safeguarding the validity of actions taken under the rules prior to any modification or annulment, the section ensures stability and continuity in the functioning of Family Courts, preventing disruption to ongoing proceedings or legal actions taken under previously established rules.
Summary:
Section 22 empowers the Central Government to prescribe additional qualifications for Family Court judges, in consultation with the Chief Justice of India. The rules made must be laid before Parliament for review, and Parliament can modify or annul them. This ensures accountability and flexibility in judicial appointments, allowing rules to evolve as necessary while ensuring transparency and the validity of past actions.
