Administrative members of Tribunals averse to passing orders against government: CJI Gavai

The Chief Justice of India has recently said that administrative members of Tribunals are not very keen on passing orders against the government.

"But as a judge, I have personally noticed that some of the administrative members -- some of the judges coming from the administration... do not forget that they come from the administration and... are averse to passing any order which will be against the government. So I think they should reflect on that...," the CJI said during his address at the 10th All India Conference of the Central Administrative Tribunal 2025.

CJI Gavai also referred to the need for a uniform appointment process to abate all questions of arbitrariness and reinforce the trust of the citizens in the tribunal.

On Saturday, Chief Justice of India, Justice Bhushan Ramkrishna Gavai, inaugurated the 10th All India Conference of the Central Administrative Tribunal in the presence of other Supreme Court Judges, Union Ministers Dr. Jitendra Singh, Arjun Ram Meghwal and Attorney General R. Venkataramani at Bharat Mandapam, New Delhi.

Speaking at the event, CJI BR Gavai addressed the issue of misconduct by a few judges. "Due to the conduct of some judges there is a discontent at the bar...", the CJI said at the outset. Possibly referring to a recent incident that unfolded in the Bombay High Court wherein a young lawyer reportedly fainted after being publicly reprimanded by Justice AS Gadkari, the CJI said, "I wont name the high court and wont' name the judge, the young lawyer was so browbeaten that he became unconscious in the court...".

"As judges we must also accept a position that both judges and lawyers are like two wheels of the golden chariot of justice. None superior, none inferior..Unless both the judges and lawyers work together, the institution of administration of justice, which exists for the last citizen of this country cannot function properly..". the CJI said.

He further added that judicial officers, judges and members of Tribunals wield immense power and this power must be carried with utmost humility and responsibility. "All litigants who appear before us do so with the faith that they will receive justice before us and therefore our judgments should not be colored. I urge everyone to honor this responsibility not just within the official spaces, but outside as well. In many ways our roles are those of a leader. We will shape the lives of citizens through the outcomes of our decisions therefore also affecting the faith of our citizens in the judiciary.", CJI has said.

Speaking about the transformative role played by the Central Administrative Tribunal and its counterparts in the states, said they have reduced burden on courts and increased access to justice. "Over the last four decades, CAT has made sustained efforts in ensuring improved access to justice. The Law Commission of India, in its 272nd Report, highlighted that CAT had achieved a disposal rate of nearly 94%. Between 2016 and 2019, it maintained an admirable disposal rate of 91%. As per its official website, CAT has disposed of nearly four lakh out of approximately six lakh cases instituted so far. These numbers reflect the commitment, discipline, and dedication that have gone into building CAT as a credible and responsible institution", the CJI said.

"We must now build on that legacy and further strengthen it. I am confident that the deliberations at this conference will produce valuable insights, help us improve the legitimacy of the tribunals in the eyes of the people..", Justice Gavai said while concluding his address.