SUPREME COURT EXTENDS TENURE OF TRIBUNAL MEMBERS UNTIL SEPTEMBER 8, 2026; CENTRE COMMITS TO ENACTING NEW TRIBUNAL LEGISLATION IN MONSOON SESSION:

The Supreme Court on Monday granted the Union Government permission to extend the tenure of Chairpersons and Members of various Tribunals, who are scheduled to retire in the near future, until September 8, 2026. A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi passed the order after Attorney General for India R Venkataramani informed the court that the government is preparing a new comprehensive legislation on Tribunals, in line with the directions issued in the Madras Bar Association judgment of last year, and intends to introduce the bill during the upcoming monsoon session of Parliament. The extension serves as an interim measure to prevent a functional vacuum in Tribunal benches amid the legal uncertainty created by the striking down of the Tribunal Reforms Act, 2021.

The matter arose from petitions filed by bodies such as the CAT Bar Association and the Revenue Bar Association, which expressed serious concerns that impending retirements would render several Tribunal benches inoperative. The Madras Bar Association ruling had invalidated key provisions of the 2021 Act, leaving a legislative gap in the functioning and governance of Tribunals. Earlier, the Supreme Court had directed the government to present a concrete proposal to address the situation. The Attorney General submitted that the government is actively working on an alternative legislative framework and proposed continuing the tenure of existing appointees under the 2021 Act as a stopgap arrangement to ensure uninterrupted adjudication. He clarified that around 21 members are due to retire soon and that a new law is expected to be enacted by next September or during the monsoon session.

Senior Advocate Sanjay Jain, appearing for the CAT Bar Association, pointed out that the Madras Bar Association judgment had mandated a minimum five-year tenure for Tribunal members to ensure independence and efficiency. The Chief Justice expressed reservations about a blanket extension without safeguards, questioning the mechanism for evaluating the integrity and performance of Tribunal members. He observed that extensions cannot be granted mechanically and emphasized the need for accountability, asking to whom Tribunal members are answerable and highlighting that their work must meet required standards. The Chief Justice stressed the importance of a comprehensive law that clearly defines accountability structures, noting that Tribunals cannot remain under exclusive government control due to potential criticism of bias, nor under complete judicial oversight. He further raised concerns about administrative members not contributing to judgment writing and suggested the establishment of a mechanism to track reserved matters, including confidential reporting to the President or Chairperson about which member is entrusted with drafting a judgment and the expected timeline for delivery.

The bench also addressed the role of administrative members in adjudicatory functions and the need for transparency in bench composition and judgment allocation. The Attorney General assured the court that the government’s proposed legislation aligns with the principles laid down in the Madras Bar Association case. In its order, the Supreme Court accepted the government’s proposal and extended the tenure of the affected Tribunal members until September 8, 2026, or until they reach the maximum age prescribed under the Tribunal Reforms Act, 2021, whichever is earlier. To monitor progress on the legislative front, the court decided to list the matter for review every fortnight.

This interim arrangement reflects the judiciary’s pragmatic approach to bridging the operational gap while pressing for structural reforms that enhance Tribunal independence, accountability, and efficiency in line with constitutional principles. The fortnightly listing underscores the court’s intent to ensure timely enactment of a robust new framework.