The Supreme Court has asked the Central government to frame a uniform proposal within four weeks to ensure tribunals across India remain functional and independent. The Court stressed that these bodies cannot be allowed to become defunct and called for a holistic reform plan.
New Delhi: The Supreme Court of India on Monday directed the Central Government to prepare a uniform and comprehensive proposal within four weeks regarding the functioning of tribunals across the country. The Court made it clear that tribunals cannot be allowed to become ineffective or non-functional due to administrative or legal gaps.
A Bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul M. Pancholi, said that the Union Government must take a clear and well-thought-out decision and place a complete scheme before the Court for judicial review.
ALSO READ: Supreme Court: Foreigners Tribunal Cannot Review Its Own Orders
The Bench indicated that the proposal should include all tribunals, whether they are created under the Constitution or under different statutes passed by Parliament. The Court also said that if required, the Centre may consider bringing suitable legislative amendments.
During the hearing, Attorney General R. Venkataramani suggested that as an interim arrangement, existing chairpersons could be allowed to continue in office till they attain the age of superannuation or until the selection process for new appointments is completed, whichever is earlier.
Granting four weeks’ time to the Centre, the Court allowed Justice Rajesh Khare to continue as the Chairperson of the Debt Recovery Appellate Tribunal (DRAT). The Chairperson of DRAT Kolkata was also permitted to continue until further orders to ensure that the functioning of the tribunal does not come to a standstill.
This direction comes in the backdrop of an earlier judgment delivered in November 2025 by a Bench headed by former CJI B. R. Gavai and Justice Vinod Chandran. In that judgment, the Supreme Court had struck down certain provisions of the Tribunals Reforms Act, 2021 relating to the appointment and tenure of tribunal members. The Court had held that these provisions were contrary to its earlier rulings and violated constitutional principles.
ALSO READ: Tribunal Reforms Act, 2021: Supreme Court Reserves Verdict on Pleas Challenging the Law
In that ruling, the top court had strongly criticised the Union Government for reintroducing provisions that were earlier invalidated, with only minor changes. The Court had observed:
“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 Supreme Court had further directed the Union Government to set up a National Tribunals Commission within four months to bring structural reforms in the tribunal system.
Emphasising the importance of this body, the Court had said:
“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,”
The present order shows that the Supreme Court is closely monitoring the issue to ensure that tribunals across India function independently, efficiently, and in line with constitutional principles. By asking for a uniform and holistic proposal, the Court has signalled that it wants a long-term and sustainable solution rather than temporary arrangements.
Click Here to Read More Reports On Tribunals
