The Supreme Court on Tuesday asked the Union government to consider granting temporary tenure extensions of approximately one month to retiring members and presiding officers of quasi-judicial bodies, warning that tribunals must not be allowed to fall into disuse while recruitment drives remain pending.
Addressing immediate staffing shortfalls, a three-judge bench presided over by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and V Mohana directly intervened to protect the National Green Tribunal. Acting on submissions that the departure of three members—two judicial and one technical—would impair the green panel’s operations, the bench granted an interim tenure extension to all three officials until substantive appointments are made to their positions.
Government Opposes Ad Hoc Extensions
The court’s directions emerged during proceedings addressing impending vacancies across various statutory forums, including the Debt Recovery Appellate Tribunal, where multiple members face imminent retirement.
Appearing for the Centre, Attorney General R Venkataramani opposed pleas for ad hoc relief, stating that formal selection procedures have already been initiated under the newly introduced Tribunal Reforms Act, 2026. The top law officer urged the court to cease entertaining interim applications for short-term term renewals, submitting that a transition period of one or two months should not disrupt institutional functioning.
Court Seeks Firm Recruitment Timeline
The bench countered the government’s stance, underscoring the risk of institutional paralysis. Chief Justice Kant asked whether the executive could independently resolve to maintain an ad hoc arrangement for a month or so to bridge the gap.
Emphasizing the necessity of a definitive recruitment timeline, the Chief Justice observed that terminating the current litigation without finalized appointments would merely trigger another cycle of legal challenges. Reasserting that tribunals must not become defunct, the court indicated that existing arrangements could persist on an ad hoc basis and scheduled the matter for further hearing on Wednesday.
Wider Rollout Under New Reforms Law
Regarding statutory tribunals nationwide, the Supreme Court directed the Union government to carry out appointments in accordance with the 2026 enactment without delay.
The ongoing proceedings build upon disclosures made by the Centre on September 8, when it informed the bench that 248 members across different tribunals had met eligibility criteria for service extensions under Section 24 of the Tribunal Reforms Act, 2026. The court recorded that these qualifying officers would retain their posts until fulfilling the statute’s five-year term or reaching the prescribed superannuation age.
The scrutiny follows an earlier ruling on May 19, in which the apex court extended through September 8 the tenures of all tribunal chairpersons, presidents, and members whose terms were set to lapse before that date, preventing an administrative vacuum across the quasi-judicial network.
