New Delhi, Sep 15: The Supreme Court on Tuesday asked the Centre to consider extending the tenure of retiring presiding officers and members of tribunals for a month or so to prevent vacancies from affecting the functioning of these quasi-judicial bodies.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana made the observation while hearing submissions concerning vacancies across several tribunals, including the Debt Recovery Appellate Tribunal (DRAT), where some members are due to retire shortly.
The Centre, represented by Attorney General R Venkataramani, informed the bench that the process for making fresh appointments had already begun and opposed further requests for ad hoc extensions.
The Attorney General said the appointment process was now in motion and suggested that interim applications seeking extensions should no longer be entertained. He maintained that a delay of a month or two should not create a major difficulty.
The Chief Justice, however, asked the Centre to consider continuing the existing arrangements temporarily until new appointments are completed.
“Can you make a decision at your end that you will increase ad hoc arrangement for a month or so,” the CJI asked.
The bench also sought a definite assurance from the Centre that vacant positions would be filled promptly, observing that disposal of the pending petitions without appointments being completed could lead to another round of litigation.
The Attorney General referred to the newly enacted Tribunal Reforms Act, 2026, which lays down the framework for appointments and tenure of tribunal members.
The court stressed that tribunals should not be allowed to become defunct because of vacancies and indicated that temporary arrangements could continue where necessary. The matter has been listed for further hearing on Wednesday.
The issue of vacancies has been under consideration by the apex court for some time. On September 8, the Centre informed the bench that 248 members of various tribunals had been found eligible for extension under the Tribunal Reforms Act, 2026.
According to the government’s submission, eligible members would remain in office until they completed the five-year tenure prescribed under the new legislation or reached the applicable maximum age limit.
The bench also considered the situation in the National Green Tribunal (NGT), where three members — two judicial and one technical — were scheduled to demit office. The court noted that their departure could adversely affect the tribunal’s functioning.
As an interim measure, the Supreme Court extended the tenure of the three NGT members until appointments are made to fill their positions.
For other tribunals, the bench directed the Centre to proceed with appointments under the 2026 legislation without delay.
The Attorney General had earlier told the court that 248 members across different tribunals qualified for extensions under Section 24 of the new law. The bench recorded that these eligible members could continue until completing the prescribed five-year term or reaching the relevant upper age limit.
The matter follows an earlier Supreme Court order of May 19, under which the tenure of tribunal chairpersons, presidents and members whose terms were scheduled to expire before September 8 was extended to ensure that the functioning of tribunals was not disrupted.