The Supreme Court on Monday permitted the Union government to extend the tenure of chairpersons and members of various tribunals, who are due to retire shortly, till September 8.

A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi passed the order after the Centre informed the Court that it is working on a fresh law governing tribunals and the same may be introduced in parliament during the upcoming monsoon session.

However, even as it passed such an order, the Court expressed reservations about the practice of repeatedly granting extensions of tenure without examining the performance of tribunal members.

“Instead of granting extension of tenure by sweeping orders, we should have seen the area of their accountability and if their work is not up to the mark, why should their tenure be extended at all?” the CJI observed.

The Court dealing with petitions moved by the CAT Bar Association, the Revenue Bar Association and other bar bodies that had raised concerns that several tribunal benches could become non-functional in view of the impending retirement of existing members.

The matter arose in the backdrop of the Supreme Court’s decision in the Madras Bar Association case last year, which struck down provisions of the Tribunal Reforms Act, 2021 and created a vacuum in the legal framework governing tribunals.

The Union government has since indicated that it is working on a fresh legislative framework to address the issues flagged by the Court and to streamline the functioning of tribunals across the country.

Attorney General for India R Venkataramani told the Court on Monday that the Union government is in the process of preparing a new tribunal legislation in line with the directions issued by the Supreme Court in last year’s judgment in the Madras Bar Association case.

Taking note of this submission, the Court allowed the extension of tenure of the present members as an interim arrangement and directed that the matter be listed again after four weeks.

“There are varied issues confronting the tribunals which can be appropriately addressed through an apt mechanism. This case shall be taken up periodically. List after four weeks. Let the extension be granted as prayed for,” the Court ordered.

During the hearing, the Court asked how accountability of administrative members in tribunals could be ensured.

“How do we ensure that these administrative members are accountable. If they are competent they can. But if not, then what?” he asked.

When the Attorney General assured the Bench that the proposed legislation would address the concerns flagged by the Court in earlier rulings on tribunals, the Chief Justice suggested that some internal system could be devised to ensure responsibility in decision making.

“Why can't every tribunal bench while reserving inform the president that this case has been reserved and this member will write it. Of course it cannot be made public but somebody should know,” the CJI said.

In its order, the Court noted that several applications had been filed seeking extension of tenure of presiding officers and other tribunal members amid fears that tribunals may otherwise become defunct.

Hence, it accepted the request made by the Attorney General and allowed the extension of tenure till September 8 or until the members attain the maximum age prescribed under the Tribunal Reforms Act, 2021.

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