Supreme Court slams government, stating “Provide dignity or abolish tribunals,” highlighting poor facilities for retired judges and warning that tribunals may be scrapped if conditions remain inadequate.
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NEW DELHI: The Supreme Court on Tuesday expressed its deep concern over the reluctance of retired high court judges to accept appointments in tribunals due to the absence of basic amenities and infrastructure. The bench, comprising Justices B.V. Nagarathna and R. Mahadevan, remarked that if the government cannot provide the required facilities, it should consider abolishing tribunals altogether and transferring cases back to the high courts.
The Court pointed out that many retired judges, including former Chief Justices, refuse to take up posts in tribunals after realizing the stark reality of inadequate facilities. Judges who do accept positions are left to repeatedly request even basic resources such as stationery, accommodation, and vehicles. The bench noted that tribunal chairpersons, often former Chief Justices or Supreme Court judges, are treated without dignity, with even “the most rickety car” provided for official use.
Addressing Additional Solicitor General Vikramjit Banerjee, the bench criticized the government for failing to allocate funds and infrastructure when creating tribunals.
“Parliament has passed the Acts. Judicial impact is not taken. No expenditure is given,”
the Court said, emphasizing that this neglect forces tribunal members into an undignified situation.
The Court suggested forming a committee comprising various ministries, including the Department of Personnel and Training (DoPT), to identify lapses and design a uniform framework for providing infrastructure and facilities. It urged the government to treat retired judges who accept tribunal roles with dignity and respect, underscoring that uncertainty regarding housing and basic amenities dissuades many from joining.
Vacancies in Tribunals: A Growing Concern
The case arose from a petition filed by the NGT Bar Association, Western Zone, regarding prolonged vacancies in tribunals. The Centre admitted that two retired judges who were offered appointments recently declined to take charge, forcing the process to restart. The Court, while disapproving of such conduct, also acknowledged the judges’ reasons, given the lack of facilities.
However, the Court rejected the petitioner’s plea to allow existing tribunal members to continue beyond their tenure until replacements are appointed. The matter has now been posted for hearing on December 16.
