The tug-of-war between the executive and judiciary over tribunals has finally culminated in the National Tribunals Commission. Critically examine whether the 2026 framework secures tribunal independence.

Tribunals set up under Articles 323A and 323B often decide disputes in which the government is itself a party. That makes their independence from the executive essential. In Madras Bar Association (November 2025), the Supreme Court struck down the 2021 Act's provisions on appointment and tenure and ordered an independent National Tribunals Commission (NTC) [3]. The 2026 Act and Rules build that Commission. They are a real advance, but they do not fully secure independence.

Gains for independence

• Judiciary-led body: The Chairperson must be a former SC Judge or HC Chief Justice. The Commission also has 2 judicial and 2 technical members [4].
• Wider role: The NTC selects members, reviews tribunal performance and oversees misconduct inquiries [4].
• Clean break: The 2026 law repeals the 2021 Act, under which the Centre controlled appointments [1].
• Fewer vacancies and uniform terms: Selection must begin 6 months before a vacancy. It uses written exercises, and pay is uniform at ₹2.5 lakh and ₹2.25 lakh a month [5].
• Transparency: The National Tribunals Data Grid allows performance to be monitored [4].

Persisting gaps

• The Centre still chooses the Commission: It appoints NTC members and only consults the CJI for the Chairperson and judicial members [1].
• Delay as a veto: The government has three months to act on a recommendation [1]. The SC had held that recommendations should be final [2].
• Reappointment depends on performance review: This invites members to please the government, which is a frequent litigant [1]. The SC has warned that short tenure increases executive influence [2].
• Vague removal grounds: Terms such as "incompetent or inefficient" could be used to pressure members [1].
• History of non-compliance: Provisions struck down in 2021 were re-enacted [3]. The NTC came about ten months after a four-month deadline [3][5].

Way forward

• Treat a recommendation as approved if the government does not act by the deadline.
• Select NTC members through a CJI-led panel.
• Move leave and administration from ministries to the NTC [2].
• Publish vacancy and pendency data on the Data Grid.

The 2026 framework moves selection from ministries to a judge-led commission, but the executive still controls who sits on that commission, when appointments happen and who is reappointed. Closing these gaps would bring the reforms in line with the separation of powers and the Court's demand for tribunals independent of executive control.