New Delhi, The Supreme Court on Monday took note of issues plaguing the functioning of quasi-judicial bodies and asked the Centre to submit a comprehensive and uniform proposal for the management of all tribunals across the country within four weeks.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi was hearing the long-standing matter of Madras Bar Association, a case centred on the independence and structural integrity of tribunals.
The bench expressed concern over the vacancy crisis and the lack of a streamlined legislative framework that often leaves tribunals in a state of limbo.
The CJI told Attorney General R Venkataramani that the government must act in accordance with previous judicial mandates. “Let the institutions not be defunct,” the CJI said.
“Bring a uniform proposal before us covering all tribunals within four weeks. Give us a holistic scheme for all tribunals. Whether you want to bring a new legislation, a new amendment etc,” the CJI said.
The bench asked the Centre to bring a “uniform proposal” that covers all tribunals, whether they are established under the Constitution or specific statutes.
It asked the Centre to clarify its roadmap, including whether it intends to introduce new legislation or comprehensive amendments to stabilise the functioning of these bodies.
The attorney general suggested a pragmatic approach to prevent immediate vacancies.
He proposed that sitting chairmen be allowed to continue their duties until they reach the age of superannuation or until the fresh selection process is completed, whichever is earlier.
The bench asked the government to prepare a holistic plan and passed an interim order to ensure that key financial tribunals remain operational. It ordered that Justice Rajesh Khare shall continue as the Chairman of the Debt Recovery Appellate Tribunal (DRAT) until further orders.
Similarly, the chairman of DRAT Kolkata has also been granted an extension to remain in office to prevent the tribunal from becoming non-functional.
The top court, on November 19 last year, struck down key provisions of the 2021 Tribunals Reforms law related to appointment, tenure and service conditions of tribunal members and presiding officers. It had said “Parliament cannot simply override judicial decisions by reenacting” these with minor tweaks.
It had allowed the plea of the Madras Bar Association and others against the law and invalidated several contentious provisions including the one which prescribed a minimum age of 50 years for appointments in tribunals.
It also set aside the fixed tenure of four years for chairpersons and members and the mandate for the Search-cum-Selection Committee (SCSC) to recommend a panel of two names for each vacancy, which was seen as giving the executive undue discretion.
The bench had directed the Centre to establish a National Tribunals Commission and said it is an essential structural safeguard designed to ensure independence, transparency and uniformity in the appointment, administration and functioning of tribunals across the country. PTI
