NEW DELHI: The Supreme Court on Tuesday said the reluctance of retired high court judges to take up posts in tribunals stems from the lack of basic facilities, remarking that all such bodies should be abolished if the Centre cannot address the issue.
A bench of Justices B.V. Nagarathna and R. Mahadevan noted that retired judges often discover the “harsh reality” of inadequate amenities only after being appointed. “Even for stationery they have to keep requesting. Tribunal chairpersons—often former chief justices or Supreme Court judges—are not given proper housing, transport, or infrastructure. How are you treating the tribunals? The fault lies with the Union. You created the tribunals,” the court observed.
The bench criticised the government for neglecting judicial impact and failing to provide proper funding. “They are forced to beg for housing, cars, even stationery. The most rickety car is given to a tribunal chairman. Why would they accept such posts when dignity is at stake?” it added, urging the Centre to treat former judges with respect.
The court suggested forming a committee of ministries, including the DoPT, to examine gaps in the system and ensure uniform facilities across tribunals. “We don’t blame former judges for refusing these appointments,” the bench clarified.
Additional Solicitor General Vikramjit Banerjee assured the court he would convey the concerns to the government. The Centre informed the court that two retired judges recently declined tribunal appointments, forcing the process to restart.
While disapproving of judges backing out after appointments, the bench also rejected the petitioner’s plea to extend the tenure of current members until replacements are appointed.
The case, filed by the NGT Bar Association (Western Zone) on tribunal vacancies, will be heard next on December 16.
