SC Asks Centre To Consider Extending Tenure Of Retiring Members Of Tribunals

NEW DELHI, Sept 15: The Supreme Court on Tuesday asked the Centre to consider extending the tenure of retiring presiding officers and members of tribunals for a month or so until fresh appointments are made, observing that such quasi-judicial bodies should not become defunct due to vacancies.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said an interim arrangement could prevent disruption in the functioning of tribunals while the appointment process is completed.

Attorney General R Venkataramani informed the bench that the process for fresh appointments had already been set in motion and opposed entertaining pleas seeking ad hoc extensions.

Responding to the submissions, the Chief Justice asked the Centre whether it could extend the existing arrangement for a month or two and sought a definite assurance that vacancies would be filled. “We don’t want tribunals to become defunct,” the bench observed, adding that the current arrangement could continue on an ad hoc basis.

The court listed the matter for further hearing on Wednesday.

The issue arose during submissions concerning vacancies in various tribunals, including the Debt Recovery Appellate Tribunal (DRAT), where some members are due to retire shortly.

The bench also noted that three members—two judicial and one technical—of the National Green Tribunal (NGT) are demitting office, which could adversely affect its functioning. As an interim measure, it extended their tenure until appointments are made.

On September 8, the Centre had informed the court that 248 members of various tribunals had been found eligible for extension under the Tribunal Reforms Act, 2026.

The Government said eligible members would continue in office until completing the five-year tenure prescribed under the new law or reaching the applicable maximum age limit.

The matter follows the Supreme Court’s May 19 order extending the tenure of tribunal chairpersons, presidents and members whose terms were due to expire before September 8, to ensure uninterrupted functioning of the tribunals. (Agencies)