Supreme Court Gives Centre 4 Months to Set Up National Tribunals Commission
The Supreme Court has directed the Union Government to set up the long-pending National Tribunals Commission (NTC) within four months. The Court emphasised that the Government has a constitutional duty to establish the Commission, as earlier mandated in multiple judgments.
A bench of Chief Justice BR Gavai and Justice K Vinod Chandran issued the direction while delivering its judgment in the Madras Bar Association case, where it also struck down the Tribunal Reforms Act, 2021.
Back in 2020, when the Court had struck down the Tribunal Rules of 2020, the Centre was instructed to constitute an NTC. This Commission was envisioned as an independent body responsible for:
- supervising appointments to Tribunals,
- overseeing their functioning,
- conducting disciplinary proceedings, and
- managing administrative and infrastructural support.
However, the Government did not comply, and the Commission was never created. In its latest ruling, the Supreme Court expressed dissatisfaction with this continued inaction.
The Court observed that repeated attempts by the Centre—through the Tribunal Rules, 2020, the Tribunal Reforms Ordinance, 2021, and the Tribunal Reforms Act, 2021—had all failed judicial scrutiny. Therefore, a permanent, autonomous system is essential.
The bench stressed that the NTC must follow the principles laid down in previous judgments, especially those ensuring:
- independence from executive interference,
- selection by experts,
- transparent procedures, and
- strong oversight to maintain public trust.
Calling the NTC an important structural safeguard, the Court said its formation is crucial for consistent standards in appointments, administration, and functioning of Tribunals across India.
Finally, granting the Centre one last opportunity, the Supreme Court directed:
“We grant the Union of India four months from the date of this judgment to establish a National Tribunals Commission.”
Case: Madras Bar Association v. Union of India | WP(C) 1018/2021
Citation: 2025 LiveLaw (SC) 1120
