November 21, 2024

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

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Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator.

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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.