SC threatens to stay judges appointment for tribunals

TNN | Dec 10, 2013, 01.14 AM IST

NEW DELHI: The Supreme Court on Monday threatened to stay appointment of retired judges to hundreds of tribunals across the country, blaming the Centre's lethargy in responding to the court's repeated suggestions to bring uniformity in their appointment process and service conditions. 

A bench of Justices G S Singhvi and C Nagappan pointed out the glaring disparity in the appointment process, tenure and service conditions of retired high court and Supreme Court judges chosen for tribunals and said since nothing much was done for a year, "we are inclined to stay all appointment of retired judges to tribunals". 

Picking out Armed Forces Tribunal, National Commission for Dispute Redressal and National Green Tribunal as examples, the bench said, "The disparity in service conditions results in compromising the dignity of the judges. Everyone tried to get a post which has five-year term. That compromises the dignity. Let this be stopped till Parliament considers the proposal for uniform tenure." 

Additional solicitor general Paras Kuhad said the prime minister had considered the apex court's order and had constituted a group of ministers in March to formulate amendments needed to bring in uniformity in appointment, tenure and service conditions for retired judges appointed to tribunals. 

"The GoM has drafted the proposal. It has been sent to 52 ministries, of which 35 have responded. The GoM is meeting shortly to take into account the responses and finalize the draft proposal. Then a note would be prepared on this issue for the consideration of the Cabinet. It is a democratic process," Kuhad said. 

The bench said, "True, the democratic process takes years together. But we just want to know a definite timeframe, which the government is unable to give. That is why we want to stop appointment of retired judges to tribunals till the time government brings in uniformity." 

Finding himself in an inextricable situation, Kuhad sought a day's time from the bench to get instructions on the outer limit within which the uniformity stressed by the apex court about tribunals could be made a reality. 

The bench agreed to give time to the government till Tuesday and recorded that the ASG "requests for a day's time to ascertain whether Cabinet will be able to consider GoM recommendations within a specified time".