SC asks Centre to provide details of vacancies in Debt Recovery Appellate Tribunals

New Delhi: The Supreme Court on Monday asked the Centre to provide details of vacancies in tribunals, especially in Debt Recovery Appellate Tribunals (DRATs) in the country.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing a clutch of petitions highlighting that many tribunals may become defunct due to retirements and upcoming superannuation of presiding officers and members.

The pleas also sought a direction that the tenure of retiring tribunal presiding officers and members be extended till incumbents are appointed in their places.


The bench took note of the submissions that some of the DRATs are facing functional difficulties and asked Additional Solicitor General Aishwarya Bhati, appearing for the Centre, to provide the details of DRATs on September 25.

The bench said that the tribunal members do not have the right of extension and "the question is of access to justice".

The law officer said that the number of total vacancies in such tribunals is around 90 and the search-cum-selection committee (SCSC) is seized of the process with regard to 81 vacancies.

The CJI assured that he would try to expedite the process on the administrative side.

Earlier, the bench had said that tribunals should not become defunct owing to vacancies.

It had asked the Centre to consider extending the tenure of retiring presiding officers and members of such quasi-judicial bodies for about a month till fresh appointments are made.

Attorney General R Venkataramani had said that the process for fresh appointments was set in motion and no such pleas for ad hoc extensions be considered.

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

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

The bench also took note of the submissions that three members -- two judicial and one technical -- of the National Green Tribunal (NGT) are demitting office and it will have an adverse impact on the functioning of the green tribunal.

The bench, as an interim measure, extended the tenure of three NGT members till appointments are made to their posts.

With regard to other tribunals, the bench asked the Centre to take up the issue of appointment in accordance with the 2026 Act without any delay.

The attorney general had informed the bench that 248 members of different tribunals had been found eligible for extension under Section 24 of the new law.

The bench recorded that eligible members would continue in office until they completed the five-year tenure prescribed under the new regime or attained the applicable maximum age limit.

The issue had arisen against the backdrop of the earlier order of May 19, when the top court had extended until September 8 the tenure of tribunal chairpersons, presidents and members whose terms were due to expire before that date to ensure that the functioning of tribunals was not disrupted.