Amar Gupta, Joint Managing Partner, JSA, on how the Tribunals Reforms Bill 2026 could help address tribunal vacancies.

India’s tribunal system has long struggled with a familiar set of problems: vacancies, delays in appointments, administrative dependence and uneven institutional capacity. The Tribunals Reforms Bill, 2026, passed by the Lok Sabha on August 10 and by the Rajya Sabha on August 11, seeks to address these concerns by moving away from a fragmented administrative structure towards a common institutional framework for tribunals.

At the centre of the proposed framework is the National Tribunals Commission (NTC) established under Section 3, which will deal with appointments, administration, functioning, performance review and complaints relating to tribunals. The Bill also proposes a National Tribunals Data Grid to create a central repository of case-related information.

Against this backdrop, the Bill’s proposed framework could strengthen the tribunal system in five key ways.

1. A permanent appointment mechanism could help fill vacancies faster

One of the most significant potential benefits of the Bill is the creation of a centralised process for filling vacancies. As given under Section 4(a), the NTC will conduct the selection process through Search-cum-Selection Committees constituted under Section 13. The Bill also provides that the Committee will recommend one suitable candidate and an additional name for each vacancy for inclusion in a waiting list, as per Section 14(6). The recommendation must be sent to the Central Government within three days, while the government is required to process it and make the appointment within three months of receiving it. This creates a defined timeline at different stages of the appointment process, potentially reducing prolonged vacancies.

Amar Gupta, Joint Managing Partner, JSA Advocates & Solicitors, sees this as one of the Bill’s significant strengths. “The Tribunal Reforms Bill is a major step towards addressing the gaps in the appointment process and it will likely help in filling the vacancies swiftly,” he said.

A more structured selection process, combined with a waiting list and prescribed timelines, could make appointments less dependent on ad hoc administrative movement and provide tribunals with greater continuity in their functioning.

2. Greater judicial participation could strengthen institutional independence

The proposed NTC has a predominantly judicial composition. It will have a Chairperson who has been a Supreme Court judge or Chief Justice of a high court, two Judicial Members who have been Chief Justices or judges of high courts, and two Technical Members. While the Central Government will appoint the Chairperson and Members of the Commission, it must consult the Chief Justice of India before appointing the Chairperson and Judicial Members. The structure gives the judiciary a formal role in the body that will oversee appointments and other aspects of tribunal administration.

3. It could encourage greater professionalisation of tribunals

Tribunals deal with specialised areas ranging from taxation and securities to telecommunications, environment, armed forces and company law. Under Section 3(4)(c), the Bill recognises the importance of specialised expertise by providing for technical members of the NTC with at least 25 years of experience in fields including public administration, finance, law, accountancy, banking, management or technology. Under Section 15(1), it also provides for empanelment of experts to assist in assessing the suitability of candidates for tribunal posts.

Gupta, however, points to a larger opportunity that could follow from this framework.

“There is also a need to professionalise the Tribunals by creating a specialist cadre rather than the staffing with retired or soon to retire Judges and bureaucrats. Hopefully, we will see some progress towards that,” he said.

His observation suggests that the Bill can be viewed not merely as a mechanism for filling existing vacancies, but as a possible first step towards building a more specialised and professional tribunal ecosystem.

4. Performance and complaints would receive institutional oversight

The NTC’s role extends beyond appointments. Under Section 4 of the Bill, it will be responsible for reviewing the performance of tribunals, ensuring that an annual report is prepared and submitted to the Central Government, and overseeing inquiries into complaints against tribunal Chairpersons and Members. It also lays down a structured mechanism for complaints involving specified grounds, including financial or other prejudicial interests, abuse of position, incompetence or inefficiency. This could make performance and disciplinary oversight more systematic by bringing these functions within a common institutional framework.

5. The Data Grid could support better-informed tribunal administration

Another potentially important feature is the National Tribunals Data Grid, defined by the Bill as a portal containing a repository of case-related information concerning the tribunals covered by the legislation. The NTC will be responsible for developing and maintaining it. A central repository could provide a stronger information base for assessing how tribunals are functioning and identifying trends in their case-related performance. The Bill also provides for an annual report on the Commission's activities to be laid before both Houses of Parliament, while its accounts are subject to audit by the Comptroller and Auditor General of India. These provisions could add another layer of institutional accountability.

The Bill also provides for a defined five-year tenure for tribunal Chairpersons and Members under Section 17(1), subject to an upper age limit of 70 years for Chairpersons and 67 years for Members, whichever is earlier.

Section 17(2) further makes both Chairpersons and Members eligible for consideration for reappointment, while Section 14(5) requires the Search-cum-Selection Committee to take into account the previous work performance of a Chairperson or Member when considering reappointment.

Taken together with the proposed appointment mechanism, expert participation, performance review and data infrastructure, these provisions indicate an attempt to move from fragmented tribunal administration towards a more stable and coordinated system.

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