'What a mess...': Supreme Court rues technical members in tribunals outsourcing writing of verdicts

New Delhi: The Supreme Court on Thursday expressed displeasure with the functioning of tribunals in the country, calling it a “mess” as 'they are completely unaccountable'.

A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi favoured introducing fresh measures to address the situation, while highlighting glaring issues with the tribunals’ functioning.

The court emphasized, it is not in the national interest if they are completely unaccountable.

The court was 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.

The bench pointed out 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.

"What a mess have we created," the bench said.

“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 said.

The bench felt that tribunals are functioning in a "no-man's land" with accountability to none.

The court pointed out that it was not inclined to grant blanket extension to existing members, but was constrained as the vacancies were not filled.

The bench said, tribunals are the Centre’s creation and have become its 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,” the bench told Attorney General R Venkataramani.

The court, however, passed the direction to extend the term of the existing chairperson/members of tribunals as an interim measure till further orders.