oppn parties SC Extends Tenures Of CAT Members Using Its Special Powers Under Article 142

News Snippets

  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
oppn parties
SC Extends Tenures Of CAT Members Using Its Special Powers Under Article 142

By Sunil Garodia
First publised on 2022-05-14 09:45:07

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Supreme Court used its omnibus powers under Article 142 of the Constitution to take the unprecedented step of ordering the extension of tenures of all existing judicial and administrative members of Central Administrative Tribunals (CAT) till vacancies were filled. The court was constrained to take this step as CATs are crippled by over 60% vacancies and if existing members stop working at the end of their tenures, most of these tribunals will stop functioning.

CATs were designed as judicial bodies to redress the grievances of government employees. In fact, they serve a huge purpose in the justice delivery chain as they take the load off the High Courts in respective states for otherwise these administrative cases would have been heard by them, further burdening the High Courts. But if appointments are not made in time and if vacancies mean that justice is not delivered then it defeats the very purpose of establishing these tribunals.

During the course of hearing, the petitioner, CAT Bar Association, pointed out that out of the 69 posts across India, 40 were lying vacant and many members were due for retirement. Tribunals in several states had no member and were not functioning. It said that if even some of the remaining 29 members were allowed to stop work when their tenure ended, the entire system would collapse.

The Centre replied that it was in the process of filling up 34 vacancies (for which it had received 6000 applications) by July-end and was also ensuring that cases from states where there were no working members were heard in virtual or hybrid mode by members from other benches. But that is a temporary solution as it is not possible for members of other benches to hear cases from such benches mainly because they are already overworked with work of their own benches. The problem can only be solved by keeping CATs at full strength.

Posts in tribunals lying vacant is a recurring problem and the Centre and the Supreme Court must set up a system where the process of filling up the vacancies that would arise on the end of the tenure of each member is started at least six months before that date. Since it is a long process, any delay in starting it means that posts lie vacant for several months before a new appointment is made. If a person is appointed one or two months in advance, he or she will be ready to take over as soon as the tenure of the earlier member ends. Delay in such cases cannot be condoned and it is sad that the situation has reached such a stage where the Supreme Court had to use its special powers to keep the CATs running.