Retired judges reluctant to join tribunals due to poor facilities, says SC

The Supreme Court said retired judges hesitate to accept tribunal posts due to inadequate housing, transport and dignity, and asked the Centre to upgrade infrastructure

The Supreme Court on Tuesday said that the growing unwillingness of retired high court judges to take up tribunal posts was understandable as they are treated "without dignity" and criticised the Centre for failing to provide even the basic facilities to them.

 

A Bench of Justices BV Nagarathna and R Mahadevan was hearing a plea by the National Green Tribunal Bar Association (Western Zone), highlighting vacancies in the NGT. 

 

The Centre submitted that two former judges, despite being offered appointments, had refused to join, requiring the process to be restarted. Disapproving of this, Justice Nagarathna said the hesitation was understandable given the conditions in which tribunal members were made to work.

 

“Former chief justices and high court judges are treated without dignity. Even for stationery, they have to keep requesting. The most rickety car is given to a tribunal chairperson. Housing, infrastructure, transport, nothing is in place. How can they be expected to accept such posts?” she asked Additional Solicitor General Vikramjit Banerjee, appearing on behalf of the Centre.

 

The judge said that once appointed, members faced uncertainty over accommodation and amenities.

 

“If you cannot provide proper facilities, then abolish the tribunals and let the high courts handle these matters. Many states have already scrapped administrative tribunals after realising the model was a failed experiment,” she observed.

 

The Bench also referred to a ruling delivered last week by Justices JB Pardiwala and R Mahadevan, directing the government to upgrade infrastructure in the NCLT and NCLAT. Justice Nagarathna, during the hearing on Tuesday, also suggested a committee involving multiple ministries, including the Department of Personnel and Training, to plug gaps and create a uniform policy on amenities.

 

The apex court also said that former judges must be assured of housing, office space and transport.

 

“Tribunalisation should not be allowed to continue in a negative way. Treat former chief justices and judges with the dignity their positions demand,” Justice Nagarathna said.

 

ASG Banerjee assured the court he would convey the concerns to the government and noted that some retired judges were also reluctant to take up postings outside Delhi.

 

The court also declined the Bar Association’s plea to extend the tenure of current members until new appointments are made and asked the Centre to complete the selection process “as expeditiously as possible.”