The Supreme Court has given its nod to the government's plan to extend the tenures of tribunal chairpersons and members facing imminent retirement. This temporary measure will keep these individuals in their posts until September 8, averting potential disruptions in the functioning of various judicial bodies. The approval came after the Attorney General indicated the government is preparing a new legislative framework to govern tribunal operations and member appointments.
The court's approval hinges on the Centre's assurance that a new bill, intended to align with past judicial pronouncements and streamline tribunal processes, is under active consideration. This proposed legislation aims to address concerns about the functioning and appointment of tribunal members, with discussions reportedly ongoing across various government departments. The new bill is anticipated to be introduced in Parliament either during the current budget session or the upcoming monsoon session.
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A specific point of contention highlighted in court pertains to the practice of administrative members stepping in as acting chairpersons when judicial members reach retirement age. This situation, along with reports of technical members allegedly delegating judgment-writing duties, has drawn scrutiny from the judiciary. The court has previously voiced concerns about the ongoing dysfunction within these tribunals, emphasizing the need for more than just tenure extensions.
The Supreme Court, represented by a bench including Chief Justice Surya Kant and Justice Joymalya Bagchi, has underscored that legislative policy should incorporate mechanisms for assessing the performance of tribunal members, rather than relying solely on extending their service terms. Procedural measures aimed at enhancing transparency in tribunal operations were also suggested by the Chief Justice.
This development follows earlier judicial observations on February 26, which pointed to persistent operational issues within tribunals. Instances where technical members allegedly shirked the responsibility of writing judgments, leaving judicial members to bear the brunt of the workload, were specifically flagged. The court had previously asserted that tribunals cannot remain under direct government control without inviting criticism regarding potential interference.
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The current extension affects approximately 31 members who were nearing their retirement dates. This decision represents a stop-gap arrangement while the government formulates a more comprehensive legislative solution for the tribunal system.