SC asks Centre to consider extending tenure of retiring members of tribunals

New Delhi: Observing that tribunals should not become defunct owing to vacancies, the Supreme Court on Tuesday asked the Centre to consider extending the tenure of retiring presiding officers and members of such quasi-judicial bodies for a month or so till fresh appointments are made.

A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana was urged by the Centre through Attorney General R Venkataramani that the process for fresh appointments has been set in motion and no such pleas for ad hoc extensions should be considered.

The top law officer was responding to the submissions of a lawyer pertaining to vacancies in various tribunals, including the DRAT (Debt Recovery Appellate Tribunal where some members are retiring soon.


"Now that everything is set in motion. These IAs (interim applications) may not be entertained any longer. A month or two should not make a difference," the attorney general said.

"Can you make a decision at your end that you will increase ad hoc arrangement for a month or so," the CJI asked, adding, "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."

The law officer said now the new Tribunal Reforms Act has come into being and it provides for the appointment process.

"We don't want tribunals to become defunct. Current arrangement may continue on ad hoc," the CJI said and listed the plea for hearing on Wednesday.

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 are demitting offices and it will have 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.