The Supreme Court on Monday allowed the Union Government to extend the term of chairpersons and members of various tribunals, who are due to retire soon, till September 8, 2026.
The court passed the order after Attorney General of India R Venkaramani informed that a new Tribunal Bill, in terms of the directions in last year's judgment in the Madras Bar Association case, is likely to be presented before the Parliament in the monsoon session.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing the petitions filed by CAT Bar Association, the Revenue Bar Association etc, who raised the apprehension that many Tribunal Benches will become defunct in view of the impending retirement of incumbent members. There is a legal vacuum in relation to Tribunals, since the Madras Bar Association case judgment of last year struck down the Tribunal Reforms Act, 2021.
Earlier, the court had asked the Government to come out with a concrete proposal, in terms of the directions in the Madras Bar Association case. The AG informed that the Government was working on a new Bill, and proposed to extend the tenure of existing members as an interim arrangement.
"Government is working on an alternate proposal. A bill is also contemplated. We don't want any interruption in the meantime. Everybody who was appointed under the Tribunal Reforms Act will continue. By next September, or in the monsoon session, a new law is likely to be enacted," the AG said, adding that 21 members are due to retire in the meantime.
Senior advocate Sanjay Jain, for the CAT Bar Association, said the Madras Bar Association judgment mandated a minimum tenure of five years for the members.Raising concerns over blanket extension, CJI Kant said, "Who is going to evaluate their integrity and performance. Instead of granting extension alone by a sweeping order, we have to consider their accountability. To whom are they accountable? If their work is not upto the mark, why should their tenure be extended?"
The CJI said that the Union should bring a "comprehensive law" defining to whom the Tribunal members are accountable. "You can't keep Tribunals under government control, since there will be criticism. You can't keep them under judicial control also. Then where?" the CJI said.
The CJI also reiterated the concerns expressed by him on an earlier occasion regarding the administrative members of Tribunals not delivering judgments. Jain submitted that the issue of whether administrative members can preside over Bench was also arising in some cases.
"There should be some mechanism to make the Tribunal members accountable. There should be a mechanism to ensure administrative members play a role in the adjudicatory functions," the CJI said. "Why not every bench of the Tribunal, when they reserve the judgment, confidentially inform the President or the Chairperson that this matter has been reserved and judgment has been entrusted to so and so members. Somebody should know who is going to write the judgment and how much time will be taken." the CJI said.
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