Supreme Court Considers Extending Term Of Tribunal Members Nearing Retirement, Seeks Union's Update On Fresh Appointments

The Supreme Court indicated yesterday that it would extend the tenure of Tribunal members nearing retirement to prevent Tribunals from becoming defunct due to delays in fresh appointments. The Court further directed the Union Government to provide an update on the status of vacancies.

A bench of Justices Surya Kant and N Kotiswar Singh conveyed the aforesaid to Attorney General R Venkataramani while dealing with an application filed in the matter pertaining to Central Administrative Tribunal vacancies, claiming that there are Tribunals about to become defunct due to expiry of the term of the members, but no fresh appointments have been made.

On a specific query, the bench was informed as regards the National Green Tribunal that on April 6, term of Justice Sudhir Agarwal (member of Principal Bench) is expiring, on April 7, term of Justice B. Amit Sthalekar (from Eastern Bench) is expiring, and that expert members for Eastern and Southern Benches are retiring on April 12. One of the counsels also mentioned that judicial members of CAT benches have been continuing for 2 years pursuant to the Court's orders, with no fresh appointments being made.

In response, the AG submitted that insofar as NGT was concerned, he was told that the selection process was going on. However, he sought time to re-check and come back with instructions. Granting time, Justice Kant said to the AG, "You need to find out...in some of the Tribunals, the term of the members is expiring and there is no substitute appointment so far. We can do one thing. Existing members can continue for 1 week, 2 week, 1 month, whatever time. Because the government process takes time in appointment. Instead of pressurizing them to expedite anything...".

The matter was posted to  April 2, with Justice Kant telling the AG to find out, "which Tribunals term is expiring and what is the current status of appointments". "If the appointments are not in pipeline, or are not likely to take place very soon, in that case they will continue", the judge said.

Earlier, in a PIL filed by Madras Bar Association, the Court had asked the Union to collate and furnish data on the status of appointments and selection process of judicial/technical/accounting/administrative members of Tribunals. At the same time, Senior Advocate Vikas Singh and other members of the Bar were asked to give suggestions to the AG "for improving the working conditions of Tribunals, including an idea to be explored regarding constituting Circuit Benches so as to provide easy access to justice".

In the said hearing, Justice Kant had underlined that the Court was primarily concerned with timely appointments being made and suggested that advance selection process for Tribunal members be considered (as in the case of NCLAT) since the date of a member demitting office is known.

Case Title: CENTRAL ADMINISTRATIVE TRIBUNAL (PRINCIPAL BENCH) BAR ASSOCIATION Versus UNION OF INDIA AND ORS., W.P.(C) No. 268/2022