The Supreme Court has indicated that it may extend the tenure of Tribunal members nearing retirement to ensure that judicial bodies do not become non-functional due to delays in fresh appointments. In this regard, the Court has directed the Union Government to provide an update on the current status of vacancies across various Tribunals.
A bench comprising Justices Surya Kant and N Kotiswar Singh addressed the issue while hearing an application related to vacancies in the Central Administrative Tribunal (CAT). The plea highlighted concerns that several Tribunals could become defunct as sitting members complete their tenure without replacements being appointed in time.
During the hearing, the bench was informed about the impending retirements in the National Green Tribunal (NGT). Notably:
- Justice Sudhir Agarwal (Principal Bench) is set to retire on April 6.
- Justice B. Amit Sthalekar (Eastern Bench) is scheduled to retire on April 7.
- Expert members from the Eastern and Southern Benches are due to retire on April 12.
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Additionally, one of the counsels pointed out that judicial members of various CAT benches have been continuing in their roles for the past two years under court orders, as no fresh appointments have been made.
Attorney General R Venkataramani, representing the Union Government, informed the bench that the selection process for some Tribunal members was ongoing. However, he sought additional time to verify the exact status of appointments before providing a final update.
Justice Kant addressed the Attorney General, stating:
"You need to find out... in some Tribunals, the term of members is expiring, and there is no substitute appointment so far. We can allow existing members to continue for one week, two weeks, or even a month, depending on the situation, as the government process takes time. Instead of pressurizing them to expedite anything..."
The Court granted the Union Government time to provide clarity on the status of Tribunal vacancies. The matter has been scheduled for further hearing on April 2, with Justice Kant directing the Attorney General to determine:
"Which Tribunals' terms are expiring, and what is the current status of appointments? If the appointments are not in the pipeline or are unlikely to happen soon, in that case, the current members will continue."
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This issue is not new. In an earlier Public Interest Litigation (PIL) filed by the Madras Bar Association, the Supreme Court had instructed the Union Government to compile and present data on the appointment and selection process for judicial, technical, accounting, and administrative Tribunal members.
At the same time, Senior Advocate Vikas Singh and other legal representatives were invited to provide recommendations to the Attorney General regarding:
- Improving working conditions in Tribunals
- Exploring the possibility of forming Circuit Benches to enhance accessibility to justice
During previous hearings, Justice Kant emphasized the necessity of timely appointments and suggested implementing an advance selection process for Tribunal members, similar to the National Company Law Appellate Tribunal (NCLAT), where the retirement dates of members are known in advance.
Case Title: CENTRAL ADMINISTRATIVE TRIBUNAL (PRINCIPAL BENCH) BAR ASSOCIATION Versus UNION OF INDIA AND ORS., W.P.(C) No. 268/2022
