Retd judges made to ‘beg’ for facilities: SC hits out at Centre
The Supreme Court criticized the government for inadequate treatment of retired judges accepting tribunal roles, highlighting lack of basic facilities and dignity.
The Supreme Court on Tuesday castigated the Union government for the shabby treatment meted out to retired judges of the apex court and high courts who accept tribunal assignments, observing they are made to “beg” even for the most basic facilities.
A bench of justices BV Nagarathna and R Mahadevan lamented that the lack of infrastructure has become so acute that many former judges are now refusing to take up such posts.
The rebuke came during proceedings on vacancies in the National Green Tribunal (NGT). While the government initially informed the court that the selection process had been completed, it was later disclosed that some of the proposed judicial members had declined to join.
“How are you treating former chief justices and judges of the Supreme Court and high courts? Reality flashes the moment they are about to join these tribunals. Please, treat former chief justices and judges, who accept these assignments, with dignity,” the bench told Additional Solicitor General (ASG) Vikramjit Banerjee, who appeared for the Union.
The bench stressed that the fault did not lie with those declining tribunal posts but with the government’s failure to ensure proper facilities. “Examine what are the lapses and have uniformity in providing infrastructure and facilities. After all, they are former Chief Justices of India, chief justices and high court judges,” the bench observed.
At one point, the court articulated its dismay bluntly: “No facility is provided to them. No expenses are given to them. They have to go begging for even stationery or housing. The most rickety cars are given to them.”
When Banerjee argued that not all tribunal members could be stationed in Delhi and would have to serve in places like Bhopal, the bench countered: “Agreed, but they should also get housing, some facilities to be able to work. You provide the most rickety cars and in some cases, taxis for pick-up and drop. Otherwise, abolish all tribunals and let all matters come to high courts. The high court judges will then have the benefit of dealing with all those specific statutes before some of them come to the Supreme Court.”
The bench asked the ASG to convey its views to the “authorities concerned” and return with a response.
The court also recalled its earlier pronouncement from November 2024, delivered by a different bench, which had raised similar concerns over the functioning of tribunals. That ruling, issued in the Jet Airways insolvency case, underscored the need for merit-based appointments, timely hearings, and adequate infrastructure in the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT). It had warned against political appointments and criticised tribunals for inconsistent working hours and delays that undercut the Insolvency and Bankruptcy Code (IBC).
On Tuesday, Justice Nagarathna’s bench built on those observations, this time placing the spotlight on the humiliation faced by former judges who join tribunals without even basic facilities. Unless the systemic shortcomings are addressed, the court suggested, the country risks not only the credibility of its tribunal system but also the continued willingness of experienced judges to staff them.
“We are saying this on behalf of the members of the tribunals. Convey it to the authorities concerned and make some decisions,” it told the ASG.
