On Monday, the Supreme Court raised serious concerns over the functioning of tribunals across the country, observing that many chairpersons and members continue in office despite poor adjudicatory performance and limited accountability. Hearing petitions challenging provisions of the Tribunal Reforms Act, 2021, the Bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi indicated that the absence of a clear accountability framework could undermine the efficiency and credibility of tribunal-based adjudication.
The issue surfaced during the hearing of challenges brought by several bar associations questioning the structure and service conditions under the 2021 law governing tribunals. The petitioners argued that certain provisions diluted earlier directions of the Supreme Court regarding tenure and appointment safeguards. During the proceedings, Attorney General R. Venkataramani informed the Court that the Union Government is currently working on amendments to the statute and expects to finalise the proposed changes within six months. Until the revised framework is introduced, the government suggested that existing tribunal members should be allowed to continue even after completing their four-year tenure to prevent vacancies from affecting tribunal functioning.
Examining the broader structural issue, the Bench expressed concern over the absence of oversight mechanisms for tribunal members. The Court noted that tribunals are neither under direct governmental control nor subject to traditional judicial supervision, raising questions about who ultimately holds their members accountable.
The Bench observed, “They cannot be put under the control of the government. They are not under judicial control. So, whom are they accountable to?” The Bench also pointed out that some administrative members allegedly do not contribute to adjudication by writing judgments. The Court asked bar associations to submit suggestions on creating an accountability framework while allowing the government time to finalise the proposed amendments.
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