New Delhi [India], September 21 (ANI): The NCLT Bar Association, Delhi, on Monday moved an Intervention Application before the Supreme Court in the suo motu proceedings, Suo Motu CWP 16 of 2026 titled “Appointment of Judicial and Technical Members and Inadequate Infrastructure in National Company Law Tribunal (NCLT) and Ancillary Issues”, as per the release.
The Bar highlighted the acute shortage of Members in the NCLT. Against the sanctioned strength of 63 Members, only 50 Members are presently in position, comprising 27 Judicial Members, including the President, and 23 Technical Members. It was further brought to the Court’s attention that 18 Members are due to retire by December 2027, making the issue of vacancies and continuity of Benches particularly pressing.
The Bar also highlighted the absence of permanent administrative support, pointing out that all 246 administrative staff members, including Court Masters, are presently engaged temporarily. Concerns were further raised regarding the lack of permanent buildings, dedicated judgment writers and adequate technological infrastructure at various NCLT Benches
The Supreme Court expressed serious concern regarding the operational condition of the NCLT and questioned how the Tribunal could effectively discharge its judicial functions in the absence of essential infrastructure, dedicated buildings, adequate support staff and judgment writers. Counsel appearing for the Union of India, on instructions from the learned Attorney General, requested that the matter be taken up on a subsequent date to enable the Government to appropriately address the concerns raised.
The Court directed the counsels to collect data with respect to infrastructural facilities in all the regional NCLT benches. Union of India shall collect and place on record comprehensive data regarding infrastructural facilities at all Regional and Circuit Benches of the NCLT, in addition to the Principal Bench.
Further, it directed that a detailed status report shall be filed setting out the basic amenities, infrastructure and technological facilities presently available at the Principal, Regional and Circuit Benches. The Government shall urgently identify the infrastructural and other requirements of the NCLT and take corrective measures in consultation with the President of the NCLT. The matter is directed to be listed again after two weeks.
The Bar was represented by Advocate Sanjiv Sen, Advocate Saurabh Kalia (Secretary, NCLT Bar Association), Adv. Ujjal Banerjee (AOR), Advocate Swapnil Gupta, along with Advocate Vaibhav Mendiratta and Advocate Abhishrut Singh. (ANI)
SC questions NCLT infrastructure gaps, seeks status report from Centre
