The Ministry of Law and Justice, Department of Legal Affairs, has notified the National Tribunals Commission and Qualification, Selection, and Conditions of Service of Chairperson and Members of Tribunals Rules, 2026, vide Notification No. G.S.R. 856(E), dated September 30, 2026. The Rules have been framed in exercise of the powers conferred under Section 20 of the Tribunals Reforms Act, 2026 (17 of 2026) and have come into force from the date of their publication in the Official Gazette.
The new Rules lay down a comprehensive institutional framework governing the National Tribunals Commission, the selection and qualifications of Chairpersons and Members of specified Tribunals, their salary and service conditions, the functioning of the Commission Secretariat, inquiry mechanisms, and post-tenure restrictions. The Rules also formally recognise the National Tribunals Data Grid as a portal containing a repository of case-related information concerning Tribunals specified in the First Schedule to the Tribunals Reforms Act, 2026.
A key feature of the new framework is the creation of a dedicated Secretariat of the National Tribunals Commission. The Secretariat will maintain a database of incumbent and vacant positions across Tribunals, develop and maintain an online portal for registration and submission of applications, empanel experts, advertise vacancies, scrutinise applications and organise assessment of candidates. It will also compile assessments for consideration of the Search-cum-Selection Committee and communicate its recommendations to the Central Government within three working days.
The Secretariat has further been entrusted with developing and maintaining the National Tribunals Data Grid, maintaining the Commission’s official records and website, preparing annual reports and assisting the Commission in reviewing the performance of the Tribunals. The measure is expected to provide a more centralised institutional framework for tribunal administration, vacancy monitoring and performance review.
Significantly, the Rules seek to address delays in filling vacancies by requiring the Secretariat to initiate the process for filling a vacancy at least six months before it arises. The National Tribunals Commission will constitute the required Search-cum-Selection Committees for selection of Chairpersons and Members. In the case of a Chairperson’s post, the Committee may also identify suitable eligible persons through a search process instead of necessarily issuing an advertisement.
The selection process has been made substantially assessment-driven and merit-oriented. The Search-cum-Selection Committee is required to adopt a comprehensive assessment comprising a combination of at least two prescribed methods. These may include evaluation of judgments or orders delivered by a candidate in a judicial or quasi-judicial capacity; assessment of submissions made in litigated or represented matters by candidates such as advocates, chartered accountants, insolvency professionals and others; evaluation of professional or specialised experience, academic publications and significant contributions; personal interaction; and an order-writing exercise.
While evaluating candidates, experts may examine their knowledge of procedural and substantive law, ability to apply legal principles, judicial temperament, analytical ability, logic, clarity and drafting acumen. For reappointment, the candidate’s past performance and conduct in discharging adjudicatory functions will also be considered.
The Search-cum-Selection Committee will recommend one suitable person for each vacancy along with one additional name to be placed on a waiting list, which will remain valid for one year from the date of recommendation. The recommendation is required to be communicated to the Central Government within three working days, while the Central Government will remain the appointing authority for Chairpersons and Members of the specified Tribunals.
The Rules also prescribe detailed tribunal-specific eligibility qualifications. In relation to the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), a Judicial Member may, inter alia, be a person who has served for a combined period of ten years as District Judge and Additional District Judge, or an advocate having ten years’ substantial experience in litigation under indirect tax laws before CESTAT, a High Court or the Supreme Court. A Technical Member is required, inter alia, to have been a member of the Indian Revenue Service (Customs and Indirect Taxes Group ‘A’), held the post of Principal Commissioner of Customs or Central Excise or equivalent/higher post, and performed judicial, quasi-judicial or adjudicating functions for three years.
For the Income-tax Appellate Tribunal (ITAT), the Rules provide that an Accountant Member may qualify through at least ten years’ practice as a Chartered Accountant or through prescribed senior-level experience in the Indian Revenue Service. Judicial Members may qualify through the specified judicial, advocacy or Indian Legal Service experience, while the President may be a High Court Judge with the stipulated judicial tenure or a Vice-President of the ITAT.
On remuneration, a Tribunal Chairperson, other than the Presiding Officer of a Debts Recovery Tribunal, will receive a fixed monthly salary of ₹2.50 lakh, while a Member, subject to specified exceptions, will receive ₹2.25 lakh per month. The Rules also permit eligible Chairpersons and Members to opt for Government accommodation or house-rent reimbursement up to prescribed limits.
The Rules additionally provide for 30 days of earned leave for every year of service and eight days of casual leave in a calendar year for Chairpersons and Members. No additional pension, provident fund or gratuity will accrue merely for the services rendered in the Tribunal, subject to the detailed provisions contained in the Rules.
A structured accountability mechanism has also been introduced for complaints against Tribunal Chairpersons and Members. An Inquiry Officer is required to submit the inquiry report and findings to the Commission, as early as possible, but within 120 days of appointment, while the Commission must forward the inquiry report along with its recommendations to the Central Government within 180 days from the date of reference of the complaint.
The Rules impose safeguards relating to independence and conflicts of interest. Tribunal Chairpersons and Members cannot practise before the same Tribunal after retirement, cannot undertake arbitration or other paid assignments while in office and, for two years after demitting office, cannot accept employment with or connected to the management or administration of a person who had been a party to proceedings before that Tribunal, subject to the Government and statutory-body exceptions prescribed in the Rules.
Overall, Notification No. G.S.R. 856(E) marks a significant restructuring of the tribunal administration framework by seeking to institutionalise advance vacancy planning, professional and competency-based selection, digital monitoring through the National Tribunals Data Grid, standardised service conditions and time-bound accountability mechanisms for India’s tribunal system.
The Notification can be accessed at: https://a2ztaxcorp.net/wp-content/uploads/2026/10/The-National-Tribunals-Commission-Rules.pdf
