SC centralises Tribunal appointments disputes, bars High Courts from hearing Pending Issues

On Monday, the Supreme Court barred all High Courts from entertaining cases concerning the appointment, tenure, or service conditions of Tribunal members where those issues are already pending before the apex court. The move, coupled with the transfer of similar petitions from the Kerala and Calcutta High Courts, signals the Court’s intent to prevent conflicting rulings and bring uniformity to tribunal governance at a time when the framework is under active judicial scrutiny.

The order came while a Bench led by Chief Justice of India Surya Kant examined a challenge to the Calcutta High Court’s February 4 decision that had stalled the functioning of the Central Administrative Tribunal (CAT) Circuit Bench at Port Blair. The High Court had reasoned that CAT members ceased to hold office after the Apex Court struck down the Tribunal Reforms Act, 2021.

The Union, represented by the Attorney General, warned that similar interventions by multiple High Courts could create administrative chaos nationwide, prompting a plea to consolidate all such disputes before the Supreme Court.

Rejecting the premise adopted by the Calcutta High Court, the Bench clarified that the consequence of striking down the Tribunal Reforms Act was not the termination of members’ tenure but its correction. As the Chief Justice observed, “the effect is that the members, instead of a four-year term, should get a five-year term. So the effect is that the members should continue.” 

Acting on this reasoning, the Court stayed the High Court’s order, directed the CAT Chairperson to immediately reconstitute the Port Blair Circuit Bench for day to day hearings, and transferred the pending tribunal-related petitions from the Calcutta and Kerala High Courts to itself. It further requested all High Courts to refrain from hearing similar matters touching issues already before the Supreme Court.

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