Let institutions not be defunct: Supreme Court seeks uniform tribunal framework

New Delhi: The Supreme Court on Monday flagged persistent problems affecting the functioning of tribunals across the country and directed the Union government to place a comprehensive and uniform plan for their management within four weeks.

A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, was hearing the long-running Madras Bar Association case, which focuses on the independence and institutional structure of quasi-judicial bodies. During the hearing, the court raised concerns over widespread vacancies and the absence of a consistent legislative framework, conditions that it said often leave tribunals unable to function effectively.

Addressing Attorney General R Venkataramani, the Chief Justice reminded the Centre of its obligation to comply with earlier court rulings. “Let the institutions not be defunct,” he said, urging the government to act without delay. The bench asked the Centre to submit a single, cohesive proposal covering all tribunals, whether constituted under the Constitution or through individual statutes. “Bring a uniform proposal before us covering all tribunals within four weeks. Give us a holistic scheme for all tribunals. Whether you want to bring a new legislation, a new amendment etc,” the Chief Justice said.

The court also sought clarity on the government’s roadmap, including whether it plans to introduce fresh legislation or bring wide-ranging amendments to stabilise tribunal administration and appointments.

In response, the attorney general suggested an interim, practical solution to address the immediate risk of vacancies. He proposed that sitting chairpersons be permitted to continue until they reach the age of superannuation or until a new selection process is completed, whichever comes earlier.

Taking note of the urgency, the bench passed interim directions to ensure that key financial tribunals do not become non-functional. It ordered that Justice Rajesh Khare will continue as chairman of the Debt Recovery Appellate Tribunal until further orders. A similar extension was granted to the chairman of the DRAT in Kolkata to prevent disruption of its work.

The hearing follows a significant judgment delivered by the top court on November 19 last year, when it struck down crucial provisions of the Tribunals Reforms Act, 2021 dealing with appointments, tenure and service conditions. The court had observed that “Parliament cannot simply override judicial decisions by reenacting” earlier invalidated provisions with minor changes.

Allowing petitions filed by the Madras Bar Association and others, the court had invalidated several clauses, including the requirement that tribunal appointees must be at least 50 years old. It also set aside the fixed four-year tenure for chairpersons and members, and the rule mandating the Search-cum-Selection Committee to recommend only two names per vacancy, which was viewed as giving excessive discretion to the executive.In that judgment, the bench had also directed the Centre to establish a National Tribunals Commission, describing it as a necessary safeguard to ensure independence, transparency and uniform standards in the appointment and administration of tribunals nationwide.