Introduction
The National Company Law Tribunal (NCLT) is currently facing significant operational challenges due to a shortage of members, prompting the NCLT Bar Association to seek intervention from the Supreme Court of India. The Association has filed a plea in an ongoing suo motu case by the Supreme Court, highlighting the urgent need for appointments and infrastructure improvements within the NCLT.
Member Shortages and Half-Day Sittings
The Bar Association has expressed concerns that 18 NCLT benches are conducting only half-day sittings due to a lack of sufficient members. Currently, the tribunal operates with just 26 judicial members and 25 technical members, including the President, against a sanctioned strength of 63 members. This shortage has been exacerbated by the expanded jurisdiction of the NCLT following the enactment of the Insolvency and Bankruptcy Code (IBC).
The plea emphasizes the chronic issue of vacancies that arise due to retirements or tenure completions, which often remain unfilled. This has led to reduced bench capacity and has contributed to delays and increasing case backlogs. The Association has urged that successors be appointed well before the current members retire to prevent such operational disruptions.
Physical and Operational Infrastructure Concerns
Beyond member shortages, the Bar Association has also raised issues regarding inadequate physical infrastructure, particularly at the NCLT’s Delhi location. Severe roof leakage in September 2025 at the CGO Complex made certain courtrooms on the eighth floor unsafe, necessitating half-day sittings for benches V and VI. Despite earlier directives from the Delhi High Court for improved facilities or alternative premises, a permanent solution has yet to be realized. Renovation efforts initiated in January 2025 stalled by April the same year, with the Ministry of Corporate Affairs yet to address these concerns.
Additionally, the NCLT’s operational effectiveness is hampered by the absence of permanent support staff. While the Supreme Court had previously recommended 246 supporting staff positions for the NCLT and the National Company Law Appellate Tribunal (NCLAT), none of these positions have been permanently filled. The tribunal continues to rely heavily on temporary or contractual personnel.
Technological and Administrative Challenges
The Bar Association’s plea also outlines technological impediments, notably frequent failures of the Document Management System (DMS), which result in adjournments due to inaccessible electronic case records. This inconsistency in technology further disrupts the timely resolution of cases.
Appeal for Immediate Action
In its plea, the Bar Association has requested the Supreme Court to take multiple actions: increase the sanctioned member strength beyond 63, preemptively fill vacancies, consider eligible members for reappointment, and operationalize the 246 permanent support staff positions. It also seeks the completion of renovation at the CGO Complex or allocation of alternative premises, the implementation of biometric access and permanent identity cards for legal practitioners, and the approval of the proposed NCLT e-Courts 2.0 system.
