The Supreme Court on Monday asked the Central government to frame within four weeks a uniform proposal on the functioning of tribunals across the country, stressing that these bodies cannot be allowed to become defunct..A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi said that the government must take a considered call and place a holistic scheme before the Court for judicial scrutiny..The Court indicated that the proposal should cover all tribunals - whether created under the Constitution or by statute - and may include legislative changes if the Centre deems it necessary..Attorney General R Venkataramani submitted that an interim arrangement could allow chairpersons to continue till superannuation or until the selection process concludes, whichever is earlier.Granting four weeks’ time, the Court permitted Justice Rajesh Khare to continue as Chairperson of the Debt Recovery Appellate Tribunal. The Chairperson of DRAT Kolkata was also allowed to continue till further orders..In November 2025, the Bench of the then CJI BR Gavai and Justice Vinod Chandran had struck down the provisions of the Tribunals Reforms Act, 2021 on appointment and tenure of tribunal members, for being violative of its earlier judgments on the issue.The top court had said that the provisions earlier struck down by the Supreme Court had been reintroduced by the Union government with minor tweaks."Therefore, the provisions of the impugned Act cannot be sustained. They violate the constitutional principles of separation of powers and judicial independence, which are firmly embedded in the text, structure, and spirit of the Constitution. The Impugned Act directly contradicts binding judicial pronouncements that have repeatedly clarified the standards governing the appointment, tenure, and functioning of tribunal members.Instead of curing the defects identified by this Court, the Impugned Act merely reproduces, in slightly altered form, the very provisions earlier struck down. This amounts to a legislative override in the strictest sense: an attempt to nullify binding judicial directions without addressing the underlying constitutional infirmities. Such an approach is impermissible under our constitutional scheme," the Court had ruled..The Court had also directed the Union government to constitute a National Tribunals Commission within four months."The creation of such a commission is an essential structural safeguard designed to ensure independence, transparency, and uniformity in the appointment, administration, and functioning of tribunals across the country. The repeated judicial insistence on this body reflects the Court’s recognition that piecemeal reforms cannot remedy the systemic deficiencies that have persisted for decades," it said..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
