SC says tribunals have become liability for judiciary, headache for govt
This story was originally published at 16:06 IST on 26 February 2026
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NEW DELHI – The Supreme Court Thursday remarked that tribunals throughout the country have become a liability for the judiciary and headache for the government due to the glaring issues with their functioning and the kind of orders they pass. "Mr. Attorney (General for India), tribunals are your (Centre) creation, and they have become your headache. They are a headache for you (Centre), and a liability for us. They are a liability for us because of the kind of orders they pass, the way they function and the challenges which come before us. Thanks to the legislative regime, we have created a no-man's land, they (tribunals) are not accountable to the judiciary and not accountable to anyone on earth," said Chief Justice of India Surya Kant.
Chief Justice Kant said that there was a tribunal which had gained grave importance due to the gravity of cases. The technical member in that tribunal was not writing a single judgment and asking the judicial members to write or was outsourcing the same. "I am waiting. I will sack that member. I am really perturbed. What a mess we have in the name of creating a tribunal, only with the anxiety that the high courts should not exercise Constitutional powers," said Chief Justice Kant.
These judges in these tribunals don't learn any environmental law, commercial law and in the four years they are expected to become experts, said Chief Justice Kant. Perhaps a completely new mechanism is needed, said the bench, also comprising Justice Joymalya Bagchi and Justice Vipul Pancholi. The manner in which these tribunals were functioning was completely unaccountable and not in national interest, said the bench.
The top court was hearing a petition by Madras Bar Association regarding extension of tenure of tribunal members in the wake of its judgment striking down the Tribunal Reforms Act, 2021, last year. The apex court said that it was not inclined to grant a blanket extension to existing members but was constrained to do due to the not filling of the vacancies.
Tribunals in India are specialised quasi-judicial bodies established to reduce the burden on regular courts and provide speedy justice for specific matters. Key types include Central Administrative Tribunals for service disputes and statutory tribunals like National Green Tribunal covering environmental law, Income Tax Appellate Tribunal covering tax related case, National Company Law Tribunal and National Company Law Appellate Tribunal covering corporate and insolvency issues, Debts Recovery Tribunal and Debts Recovery Appellate Tribunal for recovery of debts owed to banks, Securtites Appellate Tribunal for hearing issues on market regulator, insurance regulator and others similar types. End
Reported by Surya Tripathi
Edited by Akul Nishant Akhoury
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