Today, On 26th February, The Supreme Court criticised India’s tribunals as a burden on the judiciary and a “headache” for the Centre, with CJI Kant saying they have become a “no man’s land” lacking accountability, making the system a government-created liability.
The Supreme Court expressed serious concerns regarding the tribunals in India, labeling them as a liability for the judiciary and a headache for the government.
A bench comprising Chief Justice of India (CJI) Surya Kant, alongside Justices Joymalya Bagchi and Vipul Pancholi, emphasized the need for fresh measures to rectify glaring issues surrounding the tribunals’ operations.
The Bench pointed out that the current lack of accountability is detrimental to national interests.
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CJI Kant remarked,
“Tribunals were created by you (Central government). So it is your headache and a liability for us. Because now the kind of orders we are seeing, barring a few tribunals, these tribunals have become a no man’s land. They are not accountable to anyone.”
The Court had previously instructed the Central government to devise a uniform proposal within four weeks for the functioning of tribunals nationwide, underlining that these institutions must not be permitted to operate ineffectively.
While addressing the need for continuity in leadership, particularly highlighting that if a chairperson of TDSAT does not perform, the technical member should step in, CJI Kant stated,
“Functional crisis in these institutions cannot be allowed to continue,”
However, he noted that a technical member alone lacks the authority to issue orders.
The CJI also unveiled concerns about a specific technical member notorious for outsourcing judgment writing, warning that this individual could be dismissed soon.
He said,
“There is one tribunal which has gained grave importance due to gravity of cases. The technical member in that tribunal is not writing a single judgment. He is asking judicial members to write or is outsourcing it! I am waiting. I will sack that member. What audacity. What mess have we created. In the over-anxiety of not taking much burden, we have created this,”
CJI Kant further criticized the qualifications of tribunal members, suggesting that a new system must be implemented to safeguard national interests.
He stated,
“These judges don’t learn any environmental law, commercial law etc., and in the 4 years they are expected to become experts. Perhaps a completely new mechanism is needed. The manner in which they are completely unaccountable is not in national interest,”
In November 2025, a bench led by then CJI BR Gavai and Justice Vinod Chandran had invalidated parts of the Tribunals Reforms Act, 2021 concerning the appointment and tenure of tribunal members, deeming them unconstitutional in light of previous rulings.
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The Supreme Court had pointed out that the government attempted to reintroduce the same provisions with minor changes.
The Court mandated the establishment of a National Tribunals Commission within four months, describing it as a critical structural safeguard to uphold independence, transparency, and uniformity in the appointment, management, and operations of tribunals throughout the country.
It remarked that the Court’s persistent emphasis on this commission illustrates the recognition that incremental reforms are insufficient to address the longstanding systemic issues.
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