Politics

Supreme Court okays 6-month extension for retiring members of tribunals

 The Supreme Court on Monday accepted the Union government’s proposal to allow retiring tribunal members and heads to continue for another six months as a stop-gap arrangement, even as the Centre said it was contemplating a law to govern future tribunal appointments.. Supreme Court okays 6-month extension for retiring members of tribunals. A bench headed by Chief Justice of India (CJI) Surya Kant passed the order on a bunch of petitions filed by bar associations of various tribunals, raising concerns over the large number of vacancies threatening to make these forums defunct.. Attorney general R Venkataramani, appearing for the Centre, told the court that a new law is being contemplation and will be introduced in Parliament during the ongoing monsoon session. To ensure the functioning of tribunals is not impacted, he proposed a one-time measure to allow all retiring heads and members of tribunals to get an extension of tenure till September 8.. “We have taken stock of all tribunals to come out with this working arrangement. A bill is in contemplation and is likely to be introduced in the monsoon session. Till then, everybody appointed under the TRA (Tribunal Reforms Act, 2021) will continue,” he said.. In November last year, the top court struck down key provisions of the TRA, including the uniform four-year tenure for tribunal members and the minimum entry age of 50 years — measures the court found arbitrary and damaging to judicial independence.. “In view of the decision, in principle, having been taken to extend the tenure of presently serving chairpersons or members till September 8, 2026 or until they attain maximum age prescribed under TRA 2021, we permit the Government of India to proceed accordingly,” the bench, also comprising justice Joymalya Bagchi, said.. The court said increasing tenure is not sufficient as the legislative policy should include a mechanism to assess the performance of tribunal members. “Why should extension be given when there is no mechanism to assess their performance. On one hand, you cannot have tribunals functioning under government control since there will be interference. You also cannot put them under the judiciary’s control either,” it added.. On February 26, the court underscored the continuing dysfunction within tribunals and flagged instances where technical members were allegedly not writing judgments, leaving judicial members to shoulder the burden. “There should be an immediate mechanism to make these members accountable. If they are capable, they must continue to perform,” the bench noted, asking the Centre to devise a solution.. The bar association of the central administrative tribunal (CAT), represented by senior advocate Sanjay Jain, said that in 2026, about 31 members will be retiring. He said the past judgments of the court have said that a member should be given a secure tenure of five years. He added that a six-month extension was not a solution as there was growing uncert 

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