New Tribunal Bill To Be Presented Before Parliament Soon: Centre Tells Supreme Court

Supreme Court has been informed today by Attorney General for India R Venkataramani that a new Tribunal bill, in terms of the court's directions from last year in the Madras Bar Association case, is likely to be presented before the Parliament in the monsoon session.

As a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing the petitions filed by CAT Bar Association, the Revenue Bar Association etc, over Tribunal Benches becoming defunct on account of retirement of its incumbent members, the bench was informed that a new law shall be introduced soon.

"Government is working on an alternate proposal. A bill is being contemplated. We don't want any interruption in the meantime. Everybody who was appointed under the Tribunal Reforms Act will continue. By next September, or in the monsoon session, a new law is likely to be enacted," AG submitted today before court.

Just last month, the Supreme Court had expressed serious concern over the functioning of tribunals across the country, with Chief Justice of India Surya Kant observing that these bodies have become “a liability for the judiciary” and “a headache” for the Union government. Addressing Attorney General R Venkataramani, the Chief Justice had said, “Tribunals were created by you (Central government). So it is your headache and a liability for us. Because now the kind of orders we are seeing, barring a few tribunals, these tribunals have become a no man’s land. They are not accountable to anyone.”

The Bench had further observed that while tribunals were set up to reduce the burden on constitutional courts, their current functioning was instead adding to judicial scrutiny. It said the lack of accountability and structural issues required immediate attention and fresh measures.

Court had also recalled how it had earlier directed the Union government to frame a uniform proposal within four weeks on the functioning of tribunals across the country. It reiterated that these bodies cannot be permitted to become defunct due to administrative or appointment-related gaps.

Bench had also raised concerns about the expertise and eligibility framework for tribunal members. The Chief Justice noted that members are often expected to develop subject-matter expertise, such as in environmental or commercial law, within a limited tenure of four years. He indicated that a new mechanism may be required to address systemic deficiencies and protect national interests.

Notably last year, Supreme Court had struck down certain provision of the Tribunal Reforms Act 2021 for violating its earlier judgments on the issue. "The provisions of the impugned Act cannot be sustained as they violate separation of powers and judicial independence principles. It amounts to legislative overwrite without curing any defects and the binding judgment. It falls foul. Thus it is struck down as unconstitutional," a former CJI Gavai led bench ruled. "The provisions of the impugned Act cannot be sustained as they violate separation of powers and judicial independence principles. It amounts to legislative overwrite without curing any defects and the binding judgment. It falls foul. Thus it is struck down as unconstitutional," a former CJI Gavai led bench ruled.

Court had called the law to be "legislative overwrite without curing any defects and the binding judgment". CJI had said the 2021 Act falls foul. "We make it clear that members of ITAT shall continue till 62 years and the chairperson shall continue till 65 years of age. We also state member of CESTAT shall continue till 62 and president shall continue till 65. The repeated enactment of same provisions struck down shows the violation of the constitution. We must express our displeasure at how Union of India has chosen not to follow directions issued and instead of following the principle on independence and functioning of tribunals...it has re enacted the same provisions. There is already a pendency of cases and such cases consume valuable judicial time and government must exercise their power with due regards to judicial precedents so that judicial time is used in dispensing justice", the judgment added.

Case Title: REVENUE BAR ASSOCIATION vs. UNION OF INDIA.

Bench: CJI Kant and Justice Bagchi

Hearing Date: March 9, 2026