Click the Play button to listen to article

The Supreme Court on Tuesday urged the Centre to consider extending the terms of existing tribunal members on an ad hoc basis until fresh appointments are made, cautioning that tribunals should not become defunct due to vacancies.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Justice V Mohana was hearing the Madras Bar Association matter concerning vacancies in tribunals. A counsel mentioned an application filed by the DRAT Calcutta Bar Association, relating to the imminent retirement of the Presiding Member of the DRAT bench,for urgent listing.

Attorney General for India R Venkataramani, appearing for the Centre, submitted that the process for filling vacancies had been set in motion and suggested that the interlocutory applications may no longer be entertained.

CJI Surya Kant, however, asked the Centre whether it could extend the existing ad hoc arrangement for a month or so to ensure continuity in the functioning of the tribunals.

"Can you take a decision at your end that you will extend ad hoc arrangement for a month or so?" the Chief Justice asked. The Chief Justice said that the Court will clarify that the extensions are just "stop-gap arrangements" without conferring any vested rights on the members

"You need to give us a definite assurance that posts will be filled. The moment we dispose of these petitions, and if fresh appointment is not made withing 2 or 3 months, another round will start," CJI Surya Kant observed.

The Attorney General responded that the Centre would look into the suggestion, but requested that the matter should be brought to a close in the light of the newly enacted Tribunal Reforms Act 2026.

The Attorney General said that the new law provided for the necessary arrangements, and the process was already underway.

The bench, however, reiterated that it did not want tribunals to become defunct and indicated that the existing arrangement could continue on an ad hoc basis until the appointment process was completed.

"We don't want tribunals to become defunct. The current arrangement may continue purely as ad hoc and stop-gap and co-terminus with fresh appointments," CJI said.

The Attorney General then requested that the matter be taken up on Wednesday, stating that he would ascertain the position and return with further instructions.

Last week, the Court had ordered the extension of the tenure of 3 NGT members till fresh appointments, so that the Benches won't be disrupted. In May, the Court had ordered the extension of Tribunal members till September 8.

 

Tags: