Clarification on Tenure of Tribunal Officials: Age Limits & Duration

The judgment clarified that the tenure of Chairpersons and Members of Tribunals shall be for five years or the maximum age fixed under old Acts and Rules. Members of the ITAT and CESTAT will continue until the age of 62 years, while the President of ITAT will continue until the age of 65 years. Members of the AFT will hold office until the age of 65 years, and Chairpersons who are former SC Judges until the age of 70 years. The old rules and provisions will apply to Members of the CAT. The Union government was directed to provide a status report on Tribunals within two weeks.

---

---

Issues:
1. Clarification on tenure of Chairperson and Members of Tribunals.
2. Age of superannuation for Members of ITAT.
3. Tenure of Members of CESTAT.
4. Age of superannuation for Members of AFT and Chairpersons who are former SC Judges.
5. Application of rules for Members of CAT.
6. Direction to Union government to provide status report on Tribunals.

Analysis:
1. The judgment clarified the tenure of Chairpersons and Members of Tribunals, stating that their tenure shall be for five years or the maximum age fixed under old Acts and Rules.

2. Regarding the age of superannuation for Members of the Income Tax Appellate Tribunal (ITAT), the Court directed that Members will continue until the age of 62 years, and the President will continue until the age of 65 years.

3. For Members of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), the Court reiterated the clarification given for ITAT. Members of CESTAT will continue until the age of 62 years, aligning with the direction for ITAT Members.

4. Members of the Armed Forces Tribunal (AFT) were directed to hold office until the age of 65 years, while Chairpersons who are former Judges of the Supreme Court shall hold office until the age of 70 years.

5. In the case of the Central Administrative Tribunal (CAT), it was clarified that the old rules and provisions shall continue to apply.

6. The Union government was directed to submit a status report within two weeks detailing the position of each Tribunal, including vacancies and the stage of the selection process. The Court disposed of the relevant application accordingly.

---