March 11, 2026 : The Supreme Court on Wednesday expressed serious concern over the functioning of tribunals across the country, noting that several chairpersons and members continue in office despite poor adjudicatory performance and limited accountability.
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi made the observation while hearing petitions challenging provisions of the Tribunal Reforms Act, 2021. The Court indicated that the absence of a clear accountability framework for tribunal members could weaken both the efficiency and credibility of tribunal-based adjudication.
The issue arose during arguments in petitions filed by various bar associations questioning the structure and service conditions prescribed under the 2021 law governing tribunals. According to the petitioners, some provisions of the statute dilute earlier directions issued by the Supreme Court regarding safeguards in appointments and tenure.
During the hearing, Attorney General R. Venkataramani informed the Court that the Union Government is working on amendments to the law and expects to finalise the proposed changes within six months. Until a revised framework is introduced, the government suggested that existing tribunal members should be permitted to continue in office even after completing their four-year tenure, so that vacancies do not disrupt tribunal functioning.
While examining the broader structural concerns, the Bench highlighted the lack of an effective oversight mechanism for tribunal members. The Court observed that tribunals are neither under direct government control nor subject to the conventional supervisory structure of the judiciary, raising questions about their accountability.
“They cannot be placed under government control. They are not under judicial control either. Then whom are they accountable to?” the Bench remarked during the hearing.
The Court also noted allegations that some administrative members do not actively contribute to the adjudicatory process, including not authoring judgments. It asked bar associations to submit suggestions on establishing a suitable accountability framework, while granting the Union Government time to complete the proposed legislative amendments.
