‘What A Mess Created; They Are Completely Unaccountable’, SC On Tribunals
The bench orally observed that tribunals are functioning in a "no-man's land" with accountability to none.
By Sumit Saxena
Published : February 26, 2026 at 5:15 PM IST
New Delhi: The Chief Justice of India, Surya Kant, on Thursday expressed discontent with the functioning of tribunals in the country, and termed it a “mess” and “they are completely unaccountable”.
The matter was heard by a bench led by CJI and comprising justices Joymalya Bagchi and Vipul Pancholi. The bench suggested introducing fresh measures to address the situation, while flagging glaring issues with the tribunals’ functioning, and stressed that it is not in the national interest if they are completely unaccountable.
The bench orally observed that the technical member in a tribunal is not writing a single judgment and is asking judicial members to write them, or is outsourcing the task. The CJI observed, "What mess have we created?"
The CJI orally observed, “We have created a situation completely damaging the judicial system and quasi-judicial system….what we are requesting is that some holistic view will have to be taken. You have to introduce a completely new mechanism. The tribunals are permitted under the Constitution, but the way they are constituted, the manner in which they are allowed to operate and the manner in which they are completely unaccountable. That is what is probably in national interest….”
The bench orally observed that tribunals are functioning in a "no-man's land" with accountability to none.
The bench observed that it was not inclined to grant blanket extension to existing members, but was constrained as the vacancies are not filled.
The CJI, addressing the Attorney General R Venkataramani, orally observed that tribunals are the Centre’s creation and have become its headache, adding, “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”.
After hearing submissions, the bench passed a direction to extend the term of the existing chairperson/members of tribunals as an interim measure till further orders.
The bench made these observations while hearing matters related to the extension of tribunal members' tenure, against the backdrop of the Supreme Court’s judgment last year, which struck down provisions of the Tribunal Reforms Act, 2021.
