New Delhi, Oct. 29: The Supreme Court criticism of NCLT and NCLAT appointments has raised serious questions about the autonomy and staffing practices of the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT). The bench expressed displeasure over the alleged influence of the Union Ministry of Corporate Affairs on the tribunals and concerns surrounding contractual appointments.
The bench, headed by Chief Justice of India Justice Surya Kant, reportedly criticised the practice of employing judicial and other tribunal staff on contracts and called for a more transparent and systematic recruitment process.
Supreme Court Criticism of NCLT and NCLAT Appointments
The bench suggested that recruitment should be conducted through established institutions such as the Union Public Service Commission (UPSC) and the Staff Selection Commission (SSC). It also stressed that tribunal chairpersons should have autonomy over appointments and administrative matters.
As an interim measure, the court suggested that staff could be brought in on deputation from government departments. The bench also referred to past incidents in which contractual employees allegedly left with original records, raising concerns about record security and institutional accountability.
Senior advocateMeenakshi Arora, meanwhile, urged the court not to remove contractual employees who had been working for six years without adequate consideration of their circumstances.
The proceedings have brought renewed attention to the balance between administrative oversight and judicial independence in tribunal functioning. The concerns raised by the bench highlight the importance of transparent recruitment, secure record management and clear administrative accountability.
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