The Supreme Court on Thursday sharply criticised the functioning of tribunals across the country, observing that they have become a “liability" for the judiciary and a “headache" even for the government.

A Bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi said the present state of tribunals was not in the national interest, noting that many of these bodies appear to function without accountability.

“Tribunals were created by you (the Central government). So it is your headache and a liability for us. Because now the kind of orders we are seeing, barring a few tribunals, these tribunals have become a no man’s land. They are not accountable to anyone," CJI Kant told Attorney General R Venkataramani.

The Court had earlier directed the Centre to place before it within four weeks a uniform proposal for improving the functioning of tribunals nationwide, stressing that these institutions cannot be allowed to become defunct. On Thursday, the Bench reiterated that the ongoing functional crisis cannot continue.

Referring to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), the CJI said that in case the chairperson is unable to continue, arrangements must be made to avoid disruption. “Please ensure there is no functional crisis," he said. Justice Bagchi added that a technical member alone cannot pass orders.

In a strong remark, CJI Kant revealed that a technical member of a tribunal had allegedly been outsourcing the drafting of judgments instead of writing them independently. “I am waiting. I will sack that member. What audacity. What mess have we created. In the over-anxiety of not taking much burden, we have created this," he said.

The Bench also questioned the current eligibility and expertise of tribunal members. The CJI observed that members are often expected to become subject-matter experts in complex areas such as environmental and commercial law within a short tenure. “Perhaps a completely new mechanism is needed. The manner in which they are completely unaccountable is not in national interest," he said.

The issue of tribunal reforms has been under judicial scrutiny for years. In November 2025, a Bench led by then CJI BR Gavai and Justice Vinod Chandran struck down provisions of the Tribunals Reforms Act, 2021 relating to appointment and tenure of tribunal members, holding that they violated earlier Supreme Court judgments.

The Court had noted that provisions previously invalidated had been reintroduced by the Union government with minor modifications. It directed the Centre to establish a National Tribunals Commission within four months.

Describing the commission as an essential structural safeguard, the Court said its creation was necessary to ensure independence, transparency and uniformity in the appointment and administration of tribunals, adding that piecemeal reforms would not address long-standing systemic deficiencies.