On September 16, 2025, the Supreme Court of India expressed concern over the increasing reluctance of retired High Court Judges to accept appointments as members of Tribunals, especially in the National Green Tribunal (NGT). A bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan noted that the unwillingness largely stems from inadequate facilities and infrastructure provided by the Union Government.
The Union informed the Court that two retired Judges had recently declined appointments, forcing the selection process to restart, thereby causing further delays. The bench disapproved of such refusals but acknowledged that the lack of basic amenities was a genuine deterrent. Justice Nagarathna emphasized that retired Chief Justices and Judges, when appointed to Tribunals, are often deprived of essential facilities such as housing, stationery, official vehicles, and adequate office infrastructure. In some cases, Tribunal Chairpersons receive old, poorly maintained cars or have to request basic supplies, which the Court described as humiliating.
The bench underlined that Tribunals were created by Parliament to handle specialized matters, but their effectiveness has been undermined by poor management and insufficient resources. Justice Nagarathna observed that if proper dignity and facilities could not be ensured, then Tribunals should be abolished altogether and their matters returned to High Courts. She also pointed out that several States had already abolished Administrative Tribunals after finding them ineffective.
Justice Mahadevan highlighted a recent judgment by a bench of Justice Pardiwala and Justice Mahadevan, which directed the Union to upgrade facilities in National Company Law Tribunals (NCLTs). Building on this, the Court recommended the formation of a committee comprising different ministries, including the Department of Personnel and Training (DoPT), to identify lapses and establish uniform standards for Tribunal infrastructure and member amenities.
The bench clarified that it was not casting aspersions on retired Judges who declined appointments but urged the Union to treat such individuals with respect, given their years of judicial service. Justice Nagarathna also emphasized that Tribunal members receive salaries minus their pensions, making the provision of housing, office space, and transport facilities all the more crucial.
The Additional Solicitor General (ASG) Vikramjit Banerjee, representing the Union, assured the Court that the concerns were noted in the right spirit and would be conveyed to the Government. He added that sometimes retired Judges were unwilling to accept postings outside Delhi, further complicating appointments.
The petitioner had requested an extension of tenure for existing members until new appointments were made. However, the Court declined this plea, emphasizing the need for the Selection Committee to expedite the appointment process. It noted that the committee had already initiated steps to fill the vacancies.
The matter has been adjourned to December 16, 2025, with the expectation that the Government will act swiftly to address the infrastructural gaps and restore dignity to Tribunal appointments.
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