Supreme Court adjourns plea challenging tenure of NCLT judges

The Supreme Court has adjourned the plea challenging the notification fixing the tenure of National Company Law Tribunal (NCLT) judges to three years. The matter will be heard on Thursday. 

The plea was filed by the NCLT Bar Association challenging the notification.

The Centre on May 25 had told the apex court that a Committee chaired by the Chief Justice of India held a meeting on April 20 in which the question of the tenure of 23 members of NCLT was discussed. The committee also has Supreme Court judge Justice Surya Kant and the Secretary of the Ministry of Corporate Affairs.

A bench of Justices JK Maheshwari and Hima Kohli told the Solicitor General Tushar Mehta, who appeared virtually, to submit two sets of resolutions of the Committee for each one of them. However, only one set was submitted.

“Only one set for two judges? We’ll hear the case tomorrow. We did not expect this,” the bench remarked. 

To which he replied, “I have no excuse for this. Request your lordships to hear the matter tomorrow. We will be ready with two sets.” 

Meanwhile, the counsel appearing for the Bar Association expressed its displeasure on the contents of resolutions being sealed. “You don’t share your resolutions with us. Please let us speak,” the counsel said. 

The Bar Association had submitted that the reduced tenure of the judges would be detrimental to the speedy disposal of cases. The early expiration of the term from 5 years will create a void, they said.