Supreme Court Bars High Courts From Hearing Cases Related To Tribunals On Issues Pending In SC

The Supreme Court on Monday (February 9) barred High Courts from hearing matters related to appointments and conditions of service of members of Tribunals, whether under State or Central laws, which are under consideration of the Supreme Court.

At the request of Attorney General for India R Venkataramani, the Court also transferred to itself petitions pending in the Kerala and Calcutta High Courts in relation to Tribuna appointments.

A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice NV Anjaria was hearing an application against the Calcutta High Court's February 4 order which stayed the functioning of the CAT Circuit Bench, Port Blair. The High Court passed the order on the reasoning that the CAT Members ceased to hold office after the Supreme Court struck down the Tribunal Reforms Act, 2021, last year.

CJI Surya Kant said that the effect of the Supreme Court's judgment was that the members, instead of a 4-year term, should get 5-year term. "So the effect is that the members should continue," CJI said. AG said "it was the pragmatic way of looking at it."

The bench proceeded to stay the High Court's order and directed the CAT Chairperson to depute the circuit bench at Port Blair fothwith to enable it to hear matters on a day-to-day bench.  

The AG then made a request to transfer the matters to the Supreme Court, saying, "we are going to have problems all over India."

The bench then ordered :

"Since the matter Re: Reforms of Tribunals is pending consideration before this Court, we deem it appropriate to transfer MAT 5/2026 pending before the High Court of Calcutta Circuit Bench at Port Blair and W.P(c) 46504/2025 pending before the Kerala High Court to this Court. We request all the High Courts not to entertain petitions with respect to the constitution, continuation or composition of National/State Tribunals to the extent to which issues pending consideration before this Court."

Case : CENTRAL ADMINISTRATIVE TRIBUNAL BAR ASSOCIATION KOLKATA Vs UNION OF INDIA | W.P.(C) No. 662/2022