The Supreme Court on Tuesday came down heavily on the Union government over the poor state of infrastructure and facilities in tribunals, observing that the situation was discouraging retired high court judges from taking up post-retirement positions.
A bench of Justices B.V. Nagarathna and R. Mahadevan noted that the lack of basic amenities—from housing to stationery—was forcing former judges to decline tribunal appointments after being selected. “Why are they applying and appearing for the interview and then not taking charge? Once they see the reality of what it is to be a tribunal member, they back out. Even former Chief Justices and Supreme Court judges are left requesting for basic things like stationery. How are you treating the tribunals?” the bench remarked.
The court told Additional Solicitor General Vikramjit Banerjee that Parliament may have created these tribunals, but the Union government failed to provide them the necessary support. “Judicial impact is not taken. No expenditure is given. The most rickety car in your department is given to a Tribunal Chairman. How are you treating former Chief Justices and Judges?” the bench asked.
The court underscored that former judges faced uncertainty about housing and other amenities after their appointment orders, which explained their reluctance. “We don’t find fault with the judges. Please treat former Chief Justices and judges who accept your posts with dignity,” the bench said, suggesting the Centre form a multi-ministerial committee, including the Department of Personnel and Training (DoPT), to ensure uniform infrastructure and facilities across tribunals.
The observations came during a plea filed by the NGT Bar Association, Western Zone, highlighting the issue of vacancies in tribunals. The Centre informed the court that two retired judges had declined to assume charge after being appointed, forcing the process to restart.
While disapproving this conduct, the bench noted, “This is also not correct on the part of retired high court judges. They don’t want to go here and there.” However, it stressed that the root cause lay in the government’s failure to provide adequate support.
The Supreme Court also rejected the petitioner’s plea to allow existing tribunal members to continue beyond their tenure until new appointments are made. The matter has now been listed for further hearing on December 16.
