SC allows Centre to extend tenure of tribunal members facing retirement

New Delhi: The Supreme Court on Monday approved a proposal of the Centre extending the term of chairpersons and members of various tribunals in the country and are due to retire soon, till September 8.

A bench of Chief Justice Surya Kant and Joymalya Bagchi approved the proposal after Attorney General R Venkataramani said that the Union government was mulling bringing in a new tribunal Bill related to their functioning and appointments of their members either in the ongoing Budget session or the Monsoon session of Parliament.

He submitted that currently, deliberations are going on at various levels of the government. To avoid any confusion or problem in the functioning of tribunals, it has been decided to give an extension of tenure to all members who are set to retire in the interregnum till September 8 of this year.

“The Government is working on a proposal. A Bill is being contemplated. We don’t want any interruption in the meantime.

“Everybody who was appointed under the Tribunal Reforms Act of 2021 will continue. By next September, either this Budget session or the Monsoon session, a new law is likely to be enacted,” the AG said, adding that about 21 members are due to retire in the meantime.

In November 2025, the top court had struck down the provisions of the Tribunals Reforms Act, 2021, on appointment and tenure of tribunal members, for being violative of its earlier judgments on the issue.

Venkataramani said that the new Bill will be in accordance with last year’s verdict and smoothen the functioning and appointments of members in various tribunals.

CJI Kant once again flagged the lack of accountability of tribunals and said they should be responsible to some authority.

“They are not accountable to the government and they are not accountable to us. 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? There should be some mechanism. If their work is not upto the mark, why should their tenure be at all extended?,” the CJI said.

Senior advocate Sanjay Jain, appearing for the CAT Bar Association, said that the Madras Bar Association judgment of last year mandated a minimum tenure of five years for the members and around 31 members are set to superannuate soon.

He said that another concern is that administrative members are allowed to act as acting chairperson of the tribunal when the judicial members superannuate.

CJI Kant said this concern was shared by the bench earlier in another matter related to the functioning of tribunals.