Supreme Court adjourns NCLT Bar Association’s plea challenging 3-year terms of NCLT members until tomorrow
The Supreme Court on Wednesday adjourned until tomorrow a motion filed by the bar association NCLT challenging the Department of Corporate Affairs notice setting three-year terms for members of the National Company Law Tribunal.
The court had previously postponed the hearing after being informed by the Solicitor General of India that a committee was holding a meeting to deliberate on the tenure of 23 NCLT members appointed in 2019.
Today the bench expressed their dissatisfaction with a set of resolutions to be split between two judges.
The SG then moved that the case could be taken up tomorrow so that two copies of the resolutions could be placed in court.
It is claimed that a three year term is very short and that by the time members acquire the required knowledge, expertise and efficiency, a term will be completed. Therefore, the full five-year discharge is necessary for the courts to operate effectively and efficiently.
Case Title: National Company Law Tribunal Bar Association Vs Union Of India
Case No: WP(C) No 180/2022