Supreme Court asks Centre to consider extending tenure of retiring members of tribunals

Observing that tribunals should not become defunct owing to vacancies, the Supreme Court on Tuesday asked the Centre to consider extending the tenure of retiring presiding officers and members of such quasi-judicial bodies for a month or so till fresh appointments are made.

A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana was urged by the Centre through Attorney General R Venkataramani that the process for fresh appointments has been set in motion and no such pleas for ad hoc extensions should be considered.

The top law officer was responding to the submissions of a lawyer pertaining to vacancies in various tribunals, including the DRAT (Debt Recovery Appellate Tribunal where some members are retiring soon.

Supreme Court asks Centre to consider short extensions

“Now that everything is set in motion. These IAs (interim applications) may not be entertained any longer. A month or two should not make a difference,” the attorney general said.

“Can you make a decision at your end that you will increase ad hoc arrangement for a month or so,” the CJI asked, adding, “You need to give us a definite response that the posts will be filled. The moment we dispose of these petitions, and a fresh appointment is not made, another round will start.”

The law officer said now the new Tribunal Reforms Act has come into being and it provides for the appointment process.

‘We don't want tribunals to become defunct’

“We don't want tribunals to become defunct. Current arrangement may continue on ad hoc,” the CJI said and listed the plea for hearing on Wednesday.

The court's intervention came amid concerns over vacancies affecting the functioning of tribunals.

On September 8, the Centre informed the bench that 248 members of different tribunals had been found eligible for extension under the Tribunal Reforms Act, 2026 and their services were being extended.

The government said eligible tribunal members would continue in office until they completed the five-year tenure prescribed under the new law or reached the applicable maximum age limit.

NGT members’ tenure extended

The bench also took note of submissions that three members — two judicial and one technical — of the National Green Tribunal were due to demit office, which could affect its functioning.

As an interim measure, the bench extended the tenure of the three NGT members until appointments are made to fill their posts.

For other tribunals, the court asked the Centre to take up the appointment process under the 2026 Act without delay.

Earlier extension was granted till September 8

The issue dates back to the Supreme Court's May 19 order, under which the tenure of tribunal chairpersons, presidents and members whose terms were due to expire before September 8 was extended to prevent disruption in their functioning.

The Centre later told the court that 248 members had been found eligible for extension under Section 24 of the new law. The bench recorded that these members would remain in office until completing the five-year tenure under the new regime or reaching the applicable maximum age limit.