The Supreme Court on Tuesday asked the Centre to consider extending the tenure of retiring tribunal chairpersons and members by a month or two to prevent vacancies from disrupting the functioning of quasi-judicial bodies.
A Bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, said tribunals should not be allowed to become non-functional because of delays in fresh appointments.
The court's suggestion came after Attorney General R Venkataramani told the Bench that the process of appointing new members had already begun and opposed further pleas seeking ad hoc extensions.
“Can you make a decision at your end that you will increase ad hoc arrangement for a month or so?” the CJI asked. “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,” he added.
The Attorney General pointed to the newly enacted Tribunal Reforms Act, 2026, which lays down the procedure for appointments. However, the CJI stressed the need to ensure continuity. “We don't want tribunals to become defunct. Current arrangement may continue on ad hoc,” he said. The Bench listed the matter for further hearing on Wednesday.
The Centre had informed the Supreme Court on September 8 that 248 members across various tribunals had been found eligible for an extension under the Tribunal Reforms Act, 2026. According to the government, eligible members would remain in office until they complete the five-year tenure prescribed under the new law or reach the applicable upper age limit.
The Supreme Court also took note of impending vacancies in the National Green Tribunal (NGT), where three members, two judicial and one technical were due to retire. As an interim measure, the Bench extended their tenure until fresh appointments are made, noting the potential impact of the vacancies on the NGT's functioning.
For other tribunals, the court directed the Centre to expedite appointments under the 2026 Act. The issue dates back to a May 19 order, through which the Supreme Court had extended the tenure of tribunal chairpersons, presidents and members whose terms were due to end before September 8, in order to prevent disruption to tribunal proceedings.
