In a significant move aimed at ensuring the continuous functioning of various Tribunals, the Supreme Court of India has indicated its willingness to extend the tenure of Tribunal members who are nearing retirement. This decision comes in response to ongoing delays in the appointment of new members, which threaten to render these judicial bodies inoperative.
During a hearing held yesterday, a bench consisting of Justices Surya Kant and N Kotiswar Singh addressed the pressing issue of vacancies within Tribunals such as the Central Administrative Tribunal (CAT). The Court has sought a detailed update from the Union Government on the current status of these vacancies.
The matter came to light through an application highlighting that several Tribunals are on the brink of becoming defunct due to the non-renewal of members’ terms and the absence of fresh appointments. Specific cases were cited, including the upcoming expirations of terms for members of the National Green Tribunal (NGT) and the Eastern and Southern Benches, set to occur in early April.
In response to the bench’s inquiries, Attorney General R Venkataramani informed that while the selection process for new appointments was underway, more time was needed to confirm the status and ensure compliance with procedural requirements. Acknowledging the complexities involved in government appointment processes, Justice Kant proposed that existing members could temporarily continue their service to prevent any disruption in Tribunal functions.
The Court also discussed potential strategies to improve the operational efficiency of Tribunals, including the creation of Circuit Benches to facilitate easier access to justice. This suggestion was part of a broader dialogue that included inputs from Senior Advocate Vikas Singh and other members of the Bar, who were asked to propose measures to enhance working conditions within Tribunals.
The hearing is set to resume on April 2, by which time the Attorney General is expected to provide a comprehensive report on the status of appointments and any measures being taken to expedite the process. The Supreme Court’s proactive stance underscores its commitment to maintaining the efficacy and accessibility of judicial services across the country.
