SC Urges Centre: Extend Tribunal Tenures to Avoid Vacancy Chaos!

New Delhi: The Supreme Court has urged the Central government to consider extending the tenure of retiring presiding officers and members of various quasi-judicial tribunals. This move aims to prevent these important bodies from becoming defunct due to vacancies, ensuring the continuity of justice.

During a recent hearing, a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana addressed concerns about vacant posts in tribunals, including the Debt Recovery Appellate Tribunal (DRAT).

The Chief Justice highlighted the importance of these bodies, stating, "We don't want tribunals to become defunct."

Responding to the court's suggestion, Attorney General R Venkataramani, representing the Centre, indicated that the process for fresh appointments is already underway. He suggested that ad hoc extensions might not be necessary, adding that "A month or two should not make a difference" as new appointments are on the horizon.

However, the Chief Justice sought a more definite commitment, expressing concern that without concrete action, a new round of petitions might arise if vacancies persist after the current pleas are disposed of.

The Centre had previously informed the bench on September 8 that 248 members of different tribunals were found eligible for extensions under the Tribunal Reforms Act, 2026. These eligible members are expected to continue in office until they complete their five-year tenure or reach the applicable maximum age limit, as per the new law.

As an interim measure, the Supreme Court specifically extended the tenure of three National Green Tribunal (NGT) members, two judicial and one technical, whose terms were set to expire. This was done to avoid an adverse impact on the NGT's functioning until new appointments are made.

For other tribunals, the bench asked the Centre to expedite appointments in accordance with the 2026 Act.

This ongoing discussion follows a previous order from May 19, which had extended the tenure of various tribunal chairpersons and members until September 8 to ensure uninterrupted operations.

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